How long does the district attourney get to charge me with DUI? 53 Answers as of August 15, 2012

On May 8, 2012 I got 2 tickets, one for DUI and one for reckless driving. I hit a light pole, and went to the hospital that day. I went to court, June 9, and was not on docket. District attorney had not filed charges yet. A staff member next to court told me to check my mail every day to see if they ever file charges in the future. It has been almost 80 days since I got my ticket. How long do they have to file charges, and since it's been so long, do you think they ever will? and, what do you think about might right to a speedy trial.? I am not in jail, just waiting.

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Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
Michigan law requires that a person arrested for a misdemeanor offense of operating while intoxicated must be arraigned within 14 days, have the pretrial in 35 days (42 days if it is a 1 judge court), and have the matter adjudicated in 77 days. However, the court cannot dismiss or otherwise sanction a party for failure to meet these deadlines. Most courts expect a defendant to waive these timelines if the case will extend past 77 days. I suggest you contact the traffic court clerk of the court where your case is pending and try to get an answer to what is going on with your case since there is no way that the court can dismiss the ticket under the statute. If you have hired an attorney to represent you, ask him to find out what is going on with the case.
Answer Applies to: Michigan
Replied: 8/15/2012
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
I believe the district will have a year to decide whether to charge you or not.
Answer Applies to: District of Columbia
Replied: 8/14/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
They have up to one year to file charges. If I were you I would quit reminding them by calling them.
Answer Applies to: Alabama
Replied: 8/14/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
They have up to five years to file the charge, it usually doesn't take that long though, usually within 3-4 months.
Answer Applies to: Kansas
Replied: 8/14/2012
Clos, Russell & Wirth, P.C. | Gary A. Russell
The constitutional right to a speedy trial only applies once you have been charged. The statute of limitations applies and limits the time the prosecutor has to bring charges against you, provided you are not intentionally avoiding answering any such charges.

The prosecutor has not exceeded the time under the statute of limitations and still has plenty of time to charge you, if he so chooses.
Answer Applies to: Michigan
Replied: 8/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You would have to be served with the tickets to be charged. It does not sound like they are going to charge you with anything.
    Answer Applies to: Nebraska
    Replied: 8/14/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It is still too early for the statute of limitations in this matter. The Statute is in years not months.? You want to just quietly check to see if it is ever issued. Check with the court. I would not call the prosecutor or police to ask. It might give them an idea to get the paperwork filed.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    For a misdemeanor in Mo. there is 1 year statute of limitations. If they are considering something more serious than a misdemeanor it could be up to 3 years.
    Answer Applies to: Missouri
    Replied: 8/14/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    The statute of limitations for misdemeanor DUI in Utah is 2 years.
    Answer Applies to: Utah
    Replied: 8/14/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    The charges have already been filed as you were issued tickets.
    Answer Applies to: New Jersey
    Replied: 8/14/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    The statute of limitations is 6 years, speedy trial is not terribly helpful, and even when it can be helpful, you need 18 months to run. Your question is a little confusing.

    The ticket you received is the charging document, typically the officer turns in his copy of the ticket to the court, they create a file, and a court date is set. I am not sure why you are being told that they are waiting for the prosecutor to file charges.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Your right to a speedy trial starts when you are arraigned in court.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Michael E. Jones, P.S. | Michael E. Jones
    Unfortunately, they have two years to file most charges. It depends on your jurisdiction. In King and Snohomish Counties there prosecutor seldom files DUIs in less than 4-6 weeks and I have seen cases delayed for almost 2 years.

    I would still expect a filing and would suggest that you consult an experienced, local attorney to prepare your expected defense before your evidence gets any older or becomes stale.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Law Office of Robert Sisson | Robert Sisson
    Did this happen in Wisconsin? For misdemeanor charges the district attorney could take up.to three yrs. To charge u out, before the statute of limitations.
    Answer Applies to: Wisconsin
    Replied: 8/14/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    The statute of limitations for a misdemeanor is generally one year.

    Since you were taken to the hospital, it is unlikely that you gave a breath sample. If blood was drawn, it could take months before the crime lab returns a blood alcohol result.

    That can be decisive in an injury DWI case because the state often lacks other evidence such as field sobriety tests.
    Answer Applies to: Missouri
    Replied: 8/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were charged in Illinois, the prosecutor would have 18 months to file misdemeanor charges or 3 years to file felony charges. What about the tickets?
    Answer Applies to: Illinois
    Replied: 8/14/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Be Very, very, Very Quiet!!
    Answer Applies to: Virginia
    Replied: 8/14/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Justice is said to be slow. Your charges are coming so just wait. You need an attorney to represent you.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    6 years is the limitation on most misdemeanors.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Your right to a speedy trial only applies once you are in jail or have had charges filed against you.

    Until that happens, there is no right to a speedy trial.

    The time limit for filing charges against you depends on whether this is your first DUI, whether you have had priors and whether you are charged with a misdemeanor or felony. Depending on the situation, the D.A. may have a year to file charges.

    I suggest that you contact the clerk's office at the courthouse at least once every 2 weeks or so to see if charges have been filed. More than likely, you will receive a letter in the mail from either the court, the D.A.'s office or the local police department, telling you that charges have been filed and telling you when to appear in court.
    Answer Applies to: California
    Replied: 8/14/2012
    T.K. Byrne | Timothy K. Byrne
    In Mississippi the district attorney would not handle a DUI-1st offense unless someone was hurt or killed.
    Answer Applies to: Mississippi
    Replied: 8/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Jurisdiction is 2 years. I suspect that they are probably still investigating the case, but then again, there is the possibility (remote) that you fell through the cracks. As far as speedy trial rights, those don't come into play until you are charged.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Two years.
    Answer Applies to: New York
    Replied: 8/14/2012
    Lee Law Group | Ernest Lee
    Friend: What was your B.A.C. Perhaps it was only borderline DUI.

    It appears you are not going to be charged. Just continue to look for the court date in the mail.

    To answer your question the DA has Yrs. to charge you in theory, but practically, if he hasn't charged you yet most likely he won't.
    Answer Applies to: California
    Replied: 8/14/2012
    VALENTE SCHARG & ASSOCIATES | DEAN VALENTE
    Depending on whether they try to charge under local ordinance or state law they have 3 - 6 years. Best you can do is lay low and don't remind anybody they haven't filed charges (i.e. don't call anybody like the police, prosecutor or court to ask if charges have been authorized yet) because eventually someone will check and pursue the matter.

    It is a long shot depending how busy police and prosecutors are they usually get around to it. They may be waiting on damage estimates for the property you hit or there are a dozen other legit reasons for the delay. Good luck.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    As a misdemeanor, prosecutors have up to a year from incident to file charges. It sometimes takes several months or more when no in custody arrest was made at the time. I can't predict why the delay, or whether charges will ever be filed.

    I would expect them to file though. If and when they are, if serious about hiring counsel, feel free to contact me. I'll be happy to help fight the charges and get the best outcome possible, using whatever defenses there may be.
    Answer Applies to: California
    Replied: 8/14/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You should retain counsel they cannot serve you by mail like that.
    Answer Applies to: New York
    Replied: 8/14/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    One year.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The statute of limitations is how long they have to file charges against you. Assuming this is a misdemeanor, the statute of limitations is one year.

    If anyone else was injured in the crash, then it could be a potential felony and the statute of limitations is 3 years. Your right to a speedy trial only begins once you go to court and are arraigned on the charges.
    Answer Applies to: California
    Replied: 8/14/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Speedy trial rights do not attach until you are charged. The Statute of Limitations fore even a misdemeanor is a number of years. The prosecutor would have that limitation period in which to charge you.
    Answer Applies to: Minnesota
    Replied: 8/14/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    There is a statute of limitations which could be as long as six years. Whether the prosecutor will file charges is only known by the prosecutor. The right to a speedy trial starts from the time charges are filed.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    One year to charge a dui.
    Answer Applies to: New Jersey
    Replied: 8/14/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Sometimes these things get lost. I had a case a few years ago where the client showed up to court and there was no filing yet. We were never contacted again.

    If they do mail you something, speak to a lawyer before you appear.

    The summons was a legal document forcing you to court. You did your part. There is no longer this requirement. To make you go to court again, they need to personally serve you with a summons again. Good luck.
    Answer Applies to: Colorado
    Replied: 8/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    They have 1 year to file.
    Answer Applies to: California
    Replied: 8/14/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Typically, in Florida when an individual is given a ticket for a standard DUI he/she was placed under arrest and speedy trial time starts from the arrest. If someone was seriously hurt or killed by the DUI then the investigating officers may not arrest the driver until after the blood comes back because they don?t want the speedy trial clock to start. You should sit down with a lawyer in your county and discuss all of the facts with said attorney.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Rogoway Green, LLP
    Rogoway Green, LLP | Douglas Green
    If the incident occurred in Oregon, then the prosecutor has two years from the date of the incident to file charges against you for misdemeanors and three years for felonies.

    DUI and reckless driving are misdemeanors. Yes, the longer away from the date of the incident, the less likely you will be charged but the official deadlines are above. Your speedy trial rights do not kick in until you are charged.
    Answer Applies to: Oregon
    Replied: 8/14/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    A misdemeanor has a two year statute of limitations, that means they can file anytime withing the two years. There are times when the paperwork gets lost and then found later. The more time goes by, the less likely they are to actually file.
    Answer Applies to: Utah
    Replied: 8/14/2012
    Slotnick & Schwartz
    Slotnick & Schwartz | Leonard T. Schwartz
    Since he was charged with DUI and Reckless Driving he should not be waiting for anything except a Court date. He should be checking with the Court to see why it has not been listed for trial.
    Answer Applies to: New Jersey
    Replied: 8/14/2012
    Salladay Law Office | Lance Salladay
    1 year from the date of the DUI.
    Answer Applies to: Idaho
    Replied: 8/14/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    One year from date of incident. No speedy trial issues arise until after filing of complaint. They have 1 year to file assuming it's only a misdemeanor; if a felony, it's longer. It does not necessarily sound like a felony, though.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    1 year from incident to file dui.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If they have not charged you after 80 days it is likely that the police lacked proof that you were driving the vehicle.

    They have 90 days to be ready for trial in a misdemeanor and your lawyer can make a CPL 30.30 motion to dismiss if they are over the statutory time limit.
    Answer Applies to: New York
    Replied: 8/14/2012
    Walpole Law | Robert J. Walpole
    There is a statute of limitation in which the DA must bring charges within a specified time frame. 80 days is too short of a limitation as it is 3 years in Oklahoma.

    A 'speedy trial' issue does not arise until the charge is filed in court and you have made an initial appearance. I recommend you check with the court clerk in the county where this occurred on something of a regular basis.
    Answer Applies to: Oklahoma
    Replied: 8/14/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Two years Statute of Limitation in PA, so sit tight.
    Answer Applies to: Pennsylvania
    Replied: 8/14/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    2 year statute of limitations.
    Answer Applies to: Texas
    Replied: 8/14/2012
    Steven Alpers | Steven Alpers
    If there was no injury, other than you, the DA has 1 year. If there was someone else injured could be 3 years.
    Answer Applies to: California
    Replied: 8/14/2012
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