Legal Question in Criminal Law in California

DA Lacks Evidence

I went to my court date. My name wasnt on the calender so I went to the clerk. She told me that the DA was not filing charges because he lacked sufficent evidence. Does this mean that the case is over? Can I still be arrested for the same thing all over again? They also exonerated by bail bond, why did they do that if it's good for 2 yrs.?


Asked on 10/03/08, 5:06 pm

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: DA Lacks Evidence

I hope you got a slip from the DA's office which says your case has been officially rejected. If you have not, I would go back and get one.

If they exonerated your bond, that is a good sign. That means they do not intend to prosecute.

All in all, they will not prosecute you for the offense unless some new incriminating evidence is discovered.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 10/05/08, 4:10 pm
Allen Farshi Law Offices of Allen Farshi

Re: DA Lacks Evidence

Yes they can arrest you, if the DA comes in possession of information, deemed sufficient to prosecute, a criminal complaint can be filled.

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Answered on 10/04/08, 6:08 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: DA Lacks Evidence

The D.A. can still re-file the charges until the statute of limitations runs out. He may find new evidence during that time, or he may decide that the evidence he has now is sufficient after all.

Your bail bond was exonerated because you are not currently facing charges. You therefore don't need to post bail. The only reason to have a bail bond is to help you post bail, so for now at least there is no reason to have one.

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Answered on 10/03/08, 5:14 pm


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