Legal Question in Criminal Law in California
Arraignment set
I was to be arraigned on criminal charges (embezzlement, commercial burglery and grand theft) on Jan. 23, 2004. When I was called before the Judge, the District Attorney did not come forth, the Judge said ''I am surprised, no charges have been filed, your bond is exonerated and you will be receiving a letter from the D.A.'s office''. I then left the court room. I have never been arrested before and did not have an attorney. Can you tell me what the Judge meant and can the D.A. come back and file charges against me at a later date even though he never showed up for the original arraingment?
2 Answers from Attorneys
Re: Arraignment set
Many times the District Attorney will not have all the information they need to make a decision re filing a charge at the Arraignment. Thus, if at a later time they do decide to file, you can still face criminal charges. Contact the DA to see what your status is re will it eventually be filed or not. If it will be so filed, arrange with them a surrender date, and get a bail bondsman. If you need further help after you contact the DA, you may email me.
Re: Arraignment set
It is common in many counties for the district attorney not to appear on the arraignment calendar. Most judged have the party return to court on more than one occassion, before exonerating bail. If the DA does file a complaint and your are arrested pont tot he judge that you were previously arrested and released on bail. That the bail was exonerated because no complaint was filed. This may help you in being released on your own recognizance, OR.
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