how long can it be before i hear back from the district attorney

The short answer is it depends, but let’s talk about the long answer. If a person is charged with a felony, their case will likely not be turned over to a grand jury for at least six months after their arrest. Sometimes, depending on the district attorney’s office, it can even be a year afterwards.

Full Answer

How long does it take for the district attorney to respond?

The police know they have to get the paperwork to the prosecutor within the 30 days time frame, so that they can review it and make a decision. Other circumstances where prosecutors are reviewing cases is if they can’t find the person and now the police want a warrant issued for their arrest. They can go to the prosecutors, have the prosecutors review the case, file the case, and …

How long does it take to get arraigned after preliminary hearing?

Apr 03, 2014 · RALEIGH DIVORCE LAWYER 4101 Lake Boone Trail, Suite 106 Raleigh, North Carolina 27607 Phone: (919) 787-6668 FAX: 919-787-6361

How long can a case be dormant before being dismissed?

If you contact a desperate lawyer, you may hear back within minutes. In my town’s legal district, I come across one or two lawyers who operate out of single room offices that open into the street. They would come in the morning and are often seen sweeping out the office.

Do lawyers have time away from the office?

Jan 11, 2013 · Posted on Jan 11, 2013. Eight days is probably pushing it for a 'reasonable' response time; but that really depends on a few things, including how urgently a response is required for action. The most common complaint that clients have about their attorneys, I've heard, is that we don't communicate quickly enough.

How long does a prosecuting attorney have to file charges?

The prosecutor must present their evidence. Prosecutors generally file criminal charges within two to three days. Because prosecutors must file so quickly, the criminal charges can change significantly over time.Nov 18, 2021

How long does it take for the DA to file charges in Texas?

B. If Amy cannot post the bond (see below) and remains in jail, then the prosecutor must file the charges against her by complaint, information or indictment within: 15 days for Class B Misdemeanor, 30 days for Class A Misdemeanor, or 90 days for any Felony.

Why do prosecutors sometimes choose not to prosecute criminal cases?

A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure. ... Because the role of top prosecutor is an elected position in many jurisdictions, prosecutors may face political pressure to prosecute or refrain from prosecuting a person suspected of committing a crime. Limited resources.

How long does the DA have to file charges in California?

Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.

How can charges be dropped before court date?

Prosecutors can voluntarily dismiss charges, but they usually require persuasion and negotiation before going to court to file a dismissal. Your lawyer can also file a motion asking a judge to dismiss the charges. Most judges defer to the prosecution and rarely dismiss charges on their own.Mar 19, 2021

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

How long do the police have to charge you with a crime?

Effectively, this means the police must charge (or lay an information before a Magistrates' Clerk) within six months of the date of the offence (section 127(1) Magistrates' Courts Act 1980). For all other offences, there is no statutory time limit.Nov 17, 2020

What is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense?

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense? The court dismisses the charges against the defendant.

Which one of the following crimes has no statute of limitations?

In particular, the following crimes have no SOL under California law: offenses punishable by death, offenses punishable by imprisonment in the state prison for life or life without the possibility of parole, and. embezzlement of public money.Feb 18, 2022

How long does the DA have to file misdemeanor charges in California?

within one yearFor most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed. If the crime is a felony, the prosecution generally has three years to file charges from the date the offense was allegedly committed.

How long does it take to get a court date for a felony in California?

PC 1382 states that, in felony cases, a defendant has the right to go to trial within 60 days of his arraignment. The time between an arrest and an arraignment in California felony cases is either: 48 hours if the accused was placed in custody after the arrest, or.Aug 8, 2021

How long can a felony charge be pending in California?

three yearsUnder California Penal Code 801 PC, felonies (or offenses punishable by imprisonment) have a statute of limitations of three years. Less severe charges involving misdemeanors have an SOL of one year (in general).

Shelley L Fuller

You know it can really vary as to when an attorney gets back to you at times. Its very frustrating for client to have to wait because it is your life and freedom on the line. This is by far the most common complaint that is lodged against attorney is that we don't communicate enough or quick enough...

Thomas K Coan

Unless there are extenuating circumstances such as your attorney being in trial or be out of town on an emergency, eight days is, in my opinion, too long to wait for an answer. I would, however, follow up with your attorney to make sure your understanding of the law is accurate.#N#More

Jay Bodzin

Eight days is probably pushing it for a 'reasonable' response time; but that really depends on a few things, including how urgently a response is required for action.#N#The most common complaint that clients have about their attorneys, I've heard, is that we don't communicate quickly enough. There are a couple possible reasons...

William A. Jones Jr

When you do talk with your attorney your stated concerns need to be addressed satisfactorily. If your are not satisfied after a fair and open conversation, then you may well want to consider changing counsel. I would give your attorney a fair opportunity to respond to and address your concerns. Good luck.

Frank Mascagni III

There is no absolute time line response to this question. I will assume you have retained a private criminal defense attorney to represent you in criminal court.

What happens if you are arrested?

If you are arrested for a misdemeanor or felony offense, three things usually happen: 1 Authorities could charge you then release you “on your own recognizance” (O/R) along with a written promise to appear at a later date (also known as a “cite release”); or 2 After you are charged, you could be taken into custody, transported to jail and booked. If jailers determine you are eligible for bail, bail is set. If you are able to post bail, you will be released and given a notice to appear in court; or 3 If you are ineligible for or unable to post bail after being booked into custody, you will remain in jail until authorities transport you to appear in court.

What happens if you are arrested for a misdemeanor?

If you are arrested for a misdemeanor or felony offense, three things usually happen: Authorities could charge you then release you “on your own recognizance” (O/R) along with a written promise to appear at a later date (also known as a “cite release”); or.

How to resolve an infraction?

If you wish to plead guilty, many infractions can be handled via mail, telephone or online quickly without having to appear in court.

What happens if you are unable to post bail?

If you are ineligible for or unable to post bail after being booked into custody, you will remain in jail until authorities transport you to appear in court.

How long does it take to get a speedy trial?

If you waive this right, your trial must start within 10 days from when the trial date is set.

What happens if a judge finds probable cause?

If the judge finds that there is probable cause that you committed the offenses you are charged with at a preliminary hearing, he will hold you to answer to those charges. The prosecutor will then file what is known as the “Information,” which is the formal complaint alleging the charges against you.

How long does it take to get a preliminary hearing?

You have a right to have a preliminary hearing within 10 court days of your initial arraignment. Even if you waive your right to have a speedy preliminary hearing within the initial 10 days, the court must still set your hearing within 60 days of your arraignment unless you waive this right as well. If the judge finds that there is probable cause ...

Jeffrey B. Lampert

For many years, under the Rules of Civil Procedure a case that was dormant could be dismissed if there was no record activity for 12 months.#N#Then, the rules of procedure was amended, in 2005, making it nearly impossible to get rid of a case. Under the new rule, after 10 months of inactivity a party or the...

Cynthia Fussell O'Donnell

You could file a Motion to Dismiss for failure to prosecute now if you want. Or you can wait until July 14th and the court might just dismiss it on its own. I know that Lake County is pretty strict about closing dormant cases.

Joseph Ryan Bachand

If they show good cause to the court why the case should remain pending or have filed a pleading to progress the car after receipt of the notice, then court will keep case open and not dismiss.

What does it mean when a case is dismissed with prejudice?

When a case is dismissed with prejudice, it’s closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves ...

Can you get your case dismissed?

While it’s certainly possible to get your case dismissed, and you may even be able to have the charges dropped before the case goes to court, doing so will require the assistance of an experienced criminal defense attorney. Failure to close your case properly could leave the door open for someone to reopen your case in the future.

What happens if you breach protocol?

Breach of protocol – prosecutors and law enforcement officials are bound by strict protocol during an arrest, booking, interrogation, bail hearing, or pretrial activities. When your rights are violated due to a breach of protocol, this may serve as grounds to dismiss the case against you. Inadmissible testimony – the most popular example ...

How long does it take to clear a criminal record?

To clear your record, you’ll have to request an expungement. The process typically takes 4 – 6 months, and is best handled with the assistance of an attorney.

Who is the prosecuting party in a civil case?

In civil cases, the prosecuting party would be the individual or organization that filed the lawsuit. The victim in a criminal case may influence a prosecutor’s decision to voluntarily dismiss a case, but the decision ultimately rests with the prosecutor.

What happens if a jury fails to deliver a unanimous verdict?

When a jury fails to deliver an unanimous verdict, the defense may file a motion to declare a mistrial. The judge may ask the jury to take additional time to deliberate and attempt to reach a verdict, but if it becomes clear that an unanimous verdict is out of the question, the judge will declare a mistrial.

What happens if you expunge a felony?

For example, their records must be shown to a licensing office when attempting to obtain a license to carry a gun or law enforcement if the felon is involved in a criminal investigation.

Can a felony be expunged?

A person’s felony record can be expunged as allowed by the resident state’s constitution. Following successful expungement, a felon’s record will no longer have a trace of the conviction or criminal arrest.

What is the purpose of expungement?

Though expungements may come in different terms, they all serve a common aim – to delete your criminal files from the public.

What is the benefit of expunging a felony?

Benefits of Felony Expungement. A successful expungement means you can legally and truthfully say you have never been arrested or convicted of a crime. It literally takes your record back to before the incident happened. Before your arrest, trial, or conviction.

What documents are needed to expunge a felony?

Such legal papers may include docket number, indictment, as well as deposition date.

How to remove a felony from your record?

One potential method to remove a felony from one’s record is to seek to have it expunged. In the case that it is deleted, the offense can be removed from one’s history along with so that it no longer is displayed on their record. This procedure generally goes to show that the person has been rehabilitated.

Where to send a copy of a felony complaint?

A copy must be sent to the District Attorney in that jurisdiction.