How long does the court have to file my DUI arrest in California? 13 Answers as of February 24, 2012

I was arrested for an alleged DUI on 2/3/11 and assigned to report to court on 3/3/11. Upon arrival at the court,I was informed from the DA that they had not received the paperwork from the Law Enforcement Agency, which cited or arrested me. I was told to call 2 weeks later and check on my case status. Is there a statute of limitation on how long the Police have to file this paper work?

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Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
One year. Give us a call.
Answer Applies to: California
Replied: 3/13/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
That is a regular occurrence. They have up to a year to file. Generally they will send a letter to inform you of the new arraignment date. But if they don't, and you or your privately retained lawyer does not show up to the hearing the court will issue a bench warrant for your arrest. It is important that you or your attorney check the status with the court regularly. I would check once a week. Contact me through my website if you have any further questions about your case.
Answer Applies to: California
Replied: 3/11/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
It is not the police who have a time limit to file a case as it is the DA 2ho decides who and what to charge. The time limit for misdemenaors is one year.
Answer Applies to: California
Replied: 3/11/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
Yes, there is. Outside of multiple offenses or injury, a DUI is typically charged and filed as a misdemeanor. Every misdemeanor has a one year statute of limitations. You have no duty to prosecute yourself. Call an attorney and get specific advise.
Answer Applies to: California
Replied: 3/11/2011
Law Office of Evan E. Zelig
Law Office of Evan E. Zelig | Evan E. Zelig
The District Attorney will generally have one (1) year from the date of violation to file a misdemeanor DUI and three (3) years for a felony DUI charge. Sometimes they do not have the alcohol test results or other paperwork on the first court date, but call back as advised and they will probably have more information soon.
Answer Applies to: California
Replied: 3/11/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Once they do, feel free to contact me if serious about getting legal counsel to help you. Keep in mind: When you are arrested for DUI, whether alcohol or drugs, upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license imposed by DMV upon arrest for DUI, which is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.
    Answer Applies to: California
    Replied: 3/11/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    No statutory limit on the police, however the D.A. has one year to file a Complaint. That limit can be shortened if you can prove the delay caused your case to be prejudiced.
    Answer Applies to: California
    Replied: 3/11/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    They have one year.
    Answer Applies to: California
    Replied: 3/11/2011
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    They generally up to a year, but you have a right to a speedy trial, so do not do not do not agree to waive time whenever you're asked to do so by a d.a. It's only been a short while, but keep track of the time periods between legal proceeding events ie: date of arrest, arraignment, etc...
    Answer Applies to: California
    Replied: 3/11/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    They have one year to file charges against you before prejudice is presumed. You made a big mistake by going to court yourself and speaking to the DA. Now that they are aware that something may have slipped through the cracks, they will go out of their way to dig out the paperwork and make double sure that charge(s), if warranted, are filed against you. If you had an experienced attorney go to court for you, the attorney would have simply gone to the clerk's window to check on the status and remain low key throughout the process.
    Answer Applies to: California
    Replied: 3/11/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You may have dodged the bullet. The usual procedure is that the DA has until the court date to issue the case. If your court date came and went with no charges filed, then there is a good chance that none will be. However, legally they have a year in which to file the charge.
    Answer Applies to: California
    Replied: 3/11/2011
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