Legal Question in DUI Law in California
Not being charged after Arrested for DUI
So I was arrested on labor day
weekend for a DUI with a blood
alcohol content of .15 and .17. I
spent 11 hours in jail then was
released and given a piece of paper
to attend court on OCT.12 8:30 aM.
so I show up to court and the lady
who checked me in said I had no
charges filed against me then giving
me a piece of paper saying I had
shown up for my court date but had
no charges filed! Is this to good to
be true or are they going to call me
up in a week to set another court
date!! Cause as of now I have no
charges filed so no case which
amazingly NO DUI!!
1 Answer from Attorneys
Re: Not being charged after Arrested for DUI
Actually, they just haven't filed the case yet. This is quite common to show up and find that charges haven't been filed yet. That is why you were given that paper that says you showed up because there's a good chance that the complaint was filed that morning. If it appears that you weren't there, a warrant can be issued. With that paper, you can prove that you actually were there and the warrant will be recalled. Also, you might want to call the D.A.'s office on a daily or weekly basis to find out if charges have been filed yet. It's no fun to be arrested on a warrant if you don't keep track of whether a warrant has been issued yet. I know this doesn't seem fair, but this is how it works sometimes. We have had complaints filed against clients up to 6 months after the alleged crime.
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