Why did I get a letter of arraignment six months after the incident? 13 Answers as of November 21, 2011
I was taken to the hospital for cuts on my body due to throwing myself through a window (under the influence of chemical drugs). The cops that showed up at the scene of the broken windows said they were treating me as a medical case not a criminal case. I spent 4 days in the hospital then put on a bus and sent back home to a different state. Now I have a letter of arraignment. If I was not arrested and I was told they were not treating me as a criminal case, why am I receiving this 6 months later? It happened in California.Free Case Evaluation by a Local Lawyer!
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Law Office of Anthony Sessa | Anthony Sessa
Misdemeanor cases can be filed for up to 1 year from date of incident. Felony cases can be filed for up to 3 years.
Answer Applies to: California
Replied: 11/21/2011
Dennis Roberts, a P.C. | Dennis Roberts
Because thecasesat around in the DA's office and finally someone decided to charge you. You must appear at the arraignment or they will issue a bench warrant. If it is only a misdemeanor a lawyer can appear for you.
Answer Applies to: California
Replied: 11/21/2011
Law Office of Martina Vigil | Martina A. Vigil
The District Attorney's Office has a certain amount of time to bring a criminal charge against an individual; this is called the statute of limitations. Generally, the DAs office has one year to bring a misdemeanor charge and two years for most felonies.
Answer Applies to: California
Replied: 11/21/2011
Theresa Hofmeister, Attorney At Law | Theresa Hofmeister
On most misdemeanors the DA has up to a year to file, longer for felonies. The delay may have been due to further investigation. Talk to a local criminal defense attorney in your area.
Answer Applies to: California
Replied: 11/19/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
The DA is not required to file an action within mere hours or days of the event. DA has until the statute of limitations runs. It is the DA who decides what will and will not be prosecuted not the cops. Post tends to indicate that you may not be in California. Post also sounds as if this is a misdemeanor.
Answer Applies to: California
Replied: 11/18/2011
Grant & Grant | Richard L. Grant, Esq.
Not unusual. District Attorney has a year to file charges. After review of the police incident report(s), they are now have filed a criminal complaint for being under the influence and usage of controlled substance as well as resulting property damage.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Jeff Yeh | Jeff Yeh
Because cops don't get to decide whether charges will be filed. They simply write the report. Once the report is reviewed by the prosecutor, then the prosecutor gets to decide whether charges will be filed.
Answer Applies to: California
Replied: 11/18/2011
Rizio & Nelson | John W. Bussman
The decision to charge you with a crime is made by the DA, not the cops. Since you were a low priority, your case probably sat at the bottom of a stack of papers until some time last week, when a DA finally got around to making the filing decision. It's typical.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Joe Dane | Joe Dane
Apparently, it got submitted to the prosecutor's office and they decided to treat it as a criminal matter by filing charges against you. You'll need to have an attorney represent you. If you hire an attorney, they can appear on your behalf. Unfortunately, if you cannot hire a lawyer, you'll have to appear in court and request a public defender. Look for a local criminal defense attorney that routinely practices in the court where your case will be heard.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Obviously, the cops changed their mind and submitted to the DA's office for filing.
Answer Applies to: California
Replied: 11/18/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
Every time that police show up on a radio call they have to make out and file a report. That report is generated with all the information that the officer has and his options. The report is then reviewed by someone like the watch commander and if he/she thinks criminal charges should be filed it is sent to the district attorneys office. The DAs office makes the discussion whether to file charges or not. On a misdemeanor they have one year from the incident to file the charges.
Answer Applies to: California
Replied: 11/18/2011
Kennedy & Roe | Michael Kennedy
You are lucky that it isn't 11 months later, which happens in non-arrest misdemeanors. They probably told you that they weren't making it a criminal case so you would give them all the details they needed to prosecute you. And I bet you spilled your guts to them about the matter. Cops are allowed to lie to do their work. Only regular folk and lawyers are prohibited from lying in the system.
Answer Applies to: California
Replied: 11/18/2011
Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
Apparently someone decided to press charges, filed a complaint and the prosecution has pursued it with criminal charges you should be sure to answer the charges with competent criminal counsel.
Answer Applies to: Illinois
Replied: 11/18/2011
