What can I do if my case was not filed? 13 Answers as of April 26, 2012

I was charged with domestic violence. I appeared to my court date, but my case has not been filed. What does this mean?

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Robert Mortland
Robert Mortland | Law Office of Robert Mortland
The DA may not have filed on your case and this means that you do not have any charges on your record. However, it sometimes means that they have not yet decided if they want to file on your case. You can keep checking in with the clerk of the court. However, they will likely contact you if they decide to file charges and you may not want (in some situations) to bring attention to your case if they have not made a decision.
Answer Applies to: California
Replied: 4/26/2012
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
It is possible for the prosecutor to file charges late (after the date your initial arraignment was set for). You or your attorney should check with the criminal clerk regularly (ie. Weekly) to see if charges were late filed).
Answer Applies to: California
Replied: 4/23/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
If your case has not been filed, you should check if the prosecutor has decided not to file and/or ask him not to do so. You should engage an attorney for this purpose. Your attorney should also check the appropriate statute of limitations.
Answer Applies to: California
Replied: 4/23/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It means they are not going to file it or they are still investigating the matter. You probably have another court date at which you will find out. You or your attorney could call the DAs office to find out the status in the meantime though many people would want to let sleeping dogs lie.
Answer Applies to: California
Replied: 4/23/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
It may not mean anything. Lately they are taking much longer to file cases because they are shorthanded at the DA office, clerk office, etc. If I were you I would call the DA office at least twice a week as what they will do when they get the paperwork is simply come up with a court date (which you will not know about - they are supposed to mail you a letter but in a lot of counties, like Alameda, they don't. So one day you blow a stop sign, a cop stops you, runs you and what do you know YOU HAVE A WARRANT and its off to jail. So please keep checking with the DA. They have a year to file a misdemeanor.
Answer Applies to: California
Replied: 4/23/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    It means you get to wait to see if the DA files. If so, you will be sent a letter with a court date for you to appear.
    Answer Applies to: California
    Replied: 4/23/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    If you were served with a restraining order, comply with it until it expires. Just because DA has not filed does not mean he will not. Consider speaking to an attorney.
    Answer Applies to: California
    Replied: 4/23/2012
    Theresa Hofmeister, Attorney At Law
    Theresa Hofmeister, Attorney At Law | Theresa Hofmeister
    It just means no charges were filed, yet. The prosecutor's office may still be investigating and/or may be generally back-logged, or may have decided to not file charges. They have up to one year to file on misdemeanor charges, longer on felonies. You can wait to see if you get something in the mail with a new court date or you can have an attorney to monitor it for you. Good luck!
    Answer Applies to: California
    Replied: 4/23/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    It may be delayed for further investigation. You need to check with the court clerk on a weekly basis to make sure there is no arrest warrant filed. You can also have an attorney check with the DA's office to determine whether it was what is called a "DA reject". If that happened it is unlikely that the case will ever be filed.
    Answer Applies to: California
    Replied: 4/20/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It could mean they have decided not to file against you, or it could mean they simply haven't had time to get to your case yet.
    Answer Applies to: California
    Replied: 4/20/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    It means it is your lucky day. The District Attorney has decided not to file a complaint at this time, either because the investigation is not complete or because the case is not provable. While they can file at a later date any delay typically works against them. At some point, usually a year for most DV cases, the statute of limitations will have run. Should the DA elect to file at a later date please contact an attorney to review your options.
    Answer Applies to: California
    Replied: 4/20/2012
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    Check with the prosecutor's office. They may have rejected the case (declined to file) or sent it back to police for further investigation, or maybe just sitting on it for later consideration. Usually the receptionist will have that information.
    Answer Applies to: California
    Replied: 4/20/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If your case is not on calendar on the day that your ticket tells you to come to court you need to go to the district attorney's office to find out if it is going to be filed or if they rejected the case for filing. If they are not going to file the case then it is dismissed. However, if you are charged with a violation of a code section within a year they may still file this case. Either way have the district attorney's office date stamp your citation to prove you were at court the day you needed to be.
    Answer Applies to: California
    Replied: 4/20/2012
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