Legal Question in Criminal Law in California

What happens once a DA files charges?

If the DA decides to file charges in California, how do you as the suspect find out? If the charge is a misdemeanor, do I just get something in the mail asking me to show up to court on a specific date or do the police come and arrest me with no warning? My wife is 9 months pregnant, obviously the last thing I want is to miss my child being born. Can I pre-arrange this with the DA?


Asked on 10/13/08, 9:30 pm

2 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: What happens once a DA files charges?

The DA does not really have any responsibility to inform you about whether charges have been filed and what your court date is. They can simply set a court date, mail it to you or not, and if you do not show up arrest warrant will be issued.

You are best served by retaining a private lawyer to handle this matter for you. Alternatively, you can keep contacting the DA's office to see if court date has been set. If you choose the latter, you should not be talking to actual DA about your case at all. Just simple inquiry to the clerk or receptionist about whether the case has been filed.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 10/14/08, 3:53 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: What happens once a DA files charges?

YOU should not have any dealings with the DA or the police whatsoever.

The lawyer you hire will know who to call in the DA's office to find out if you are being charged; if you are, he or she will make the appropriate arrangements to have you booked and released on bail or on your own recognizance at a reasonable time.

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Answered on 10/13/08, 9:37 pm


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