Legal Question in Criminal Law in Washington
How soon after a misdemeanor must you be notified if charges are to be pressed
I was camping with family and friends. The park ranger walked up and saw that I had an opened beer that was completely full. The ranger said that if MIP charges were to be pressed, I would be notified by phone withing 2 weeks. I hear nothing and then get a summons 9 months after the event to appear in court in 9 days or to pay the 500 dollars. I am at school out of state and can not make the court date. What can I do about the court date and the MIP if anything?
2 Answers from Attorneys
Re: How soon after a misdemeanor must you be notified if charges are to be press
The statute of limitations requires that a prosecuting authority file charges within one year of misdemeanor violation date.
If a person is arrested and booked on a misdemeanor, charges must be filed within 72 hours to hold a defendant in custody. If charges are not filed within 72 hours, the defendant must be released without conditions. The prosecutor will have one year in which to file charges.
Your options
My first answer responded only to the subject line.
You will either have to appear for arraignment or forfeit bail of $500. Failure to appear will likely result in the issuance of a (non extraditable) warrant. It would seem that the bail forfeiture would be the most sensible option. You would likely spend more that that amount traveling to court or hiring an attorney.
Technically, a bail forfeiture is not a criminal convcition; however, it will appear on your criminal history.
You can retain an attorney to enter a plea for you. An attorney may be able to resolve the case without requiring you to appear in court. An attorney would also be more effective in trying to get the charge dismissed.
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