how long does it take the county attorney to file

This process usually takes three days. Alternatively, you can serve the papers the traditional way — by using either the sheriff’s office or a third party service. This process can take up to four weeks or longer to complete, and it is helpful if you provide your attorney with an address and a recent picture of your spouse.

Full Answer

How long does the district attorney have to file a misdemeanor?

The police send the paperwork to the prosecutors, and the day they come to court, the prosecutors decide while they've got the person there. If the person bails out of jail, there are a 30 days time frame before the person will be ordered into court. The police know they have to get the paperwork to the prosecutor within the 30 days time frame ...

How long do prosecutors have to file charges in California?

Mar 21, 2017 · Once the prosecutor gets around to filing the charges, the prosecutor will mail a notice informing the arrestee that the charges have been filed and notifying the arrestee of the new court date. It can take up to one year to file the charges following the arrest under the statute of limitations (time in which the prosecutor can file charges) for misdemeanors.

What happens when the district attorney decides to wait to file?

Johnson County, Kanas Criminal Defense Lawyer Talks About Filing Charges in a Criminal Case, When it Happens, and Who Makes the Decision to File. Toggle navigation (913) 451-9500. ... To find out more about limitations of filing charges read our page on “How long does a prosecutor have to file charges?” ...

What is the time frame for filing a felony charge?

Dec 10, 2010 · Orange County Criminal Defense Lawyer Blog. Published By Law Offices of Rudolph E. Loewenstein ... Published on: December 10, 2010. California Statute of Limitations – How Long Does the District Attorney Have to File a Case Against Me? by Law Offices of Rudolph E ... the statute of limitations or the time limit within which the district ...

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

How long can a felony charge be pending in Florida?

How long does it take for a felony case to go to trial in Florida?

How long does the state have to file misdemeanor charges in Florida?

What happens if a district attorney waits to file charges in Kansas?

The longer a district attorney waits to file charges, the more “stale” a case becomes. Witnesses disperse around the country. Some may even pass away or suffer from failing memories. This process can hurt both the prosecution and defendant. Recognizing this, Kansas has adopted a statute of limitations for nearly all crimes. These serve as time limits upon when a district attorney may file a complaint for committing a crime. After the set number of years passes, the suspect will not be subject to prosecution.

Can a district attorney file probable cause?

With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued. “Discretion to file” is one peculiar aspect of the American criminal justice system is the ability of a district attorney to completely forego criminal charges.

What is the role of a district attorney?

The district attorney is the lawyer for the state that is solely responsible for bringing charges against a defendant using the process called prosecution. This begins the “lawsuit” portion of a criminal investigation, moving the matter largely to the courts rather than the police station.

Who handles the prosecution of all state offenses?

The investigating police officer will turn over the fruits of the investigation to the district attorney for the proper county. The county handles the prosecution of all state offenses; that is, violations of a state law. The police investigate both state offenses and municipal infractions, or violations of city ordinances.

Can a district attorney issue an arrest warrant?

A district attorney does not have the power to issue an arrest warrant by herself. Rather, only a judge can sign a warrant to make it effective. The judge will ensure that probable cause exists to suspect the individual has committed a crime.

What happens when a charge is filed?

Once a charge is filed, the options of eliminating the case are very few. Unlike investigations, which may ultimately never produce any real traction for the state, a filed complaint is quite different. First, the complaint creates a criminal case that is largely a matter of public record. This means any number of people, including potential employers, friends, or family members, can easily find records of the accused and what charges were filed. Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.

How can a case be ended?

Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.

How long does a district attorney have to file a case against me?

However, for a misdemeanor crime, the statute of limitations or the time limit within which the district attorney MUST file charges, is one year from the date of arrest.

How long does it take to file a criminal charge?

Normally, criminal charges are filed promptly. However, for a misdemeanor crime, the statute of limitations or the time limit within which the district attorney MUST file charges, is one year from the date of arrest.

Can a felony be filed in a timely manner?

There are many reasons that the charges may not be filed in a timely manner by the prosecutor’s office, but unless a year has passed you are still subject to having charges filed against you unless they are formally dismissed by the district attorney’s office. For a felony, which is a serious crime that carries a penalty ...

How long does it take to go to jail for a felony?

Generally it is 3 years from the date of arrest but there are many exceptions.

How long can a felony be?

In a serious felony the time frame can be much longer than 4 years and for the most serious of crimes, murder, there is no statute of limitations.

How long can a cold case be filed?

That’s why cold cases can be filed years or even decades later.

What to do if you think charges are filed against you?

If you think charges may be filed against you, it is best to see an experienced criminal defense lawyer immediately. There are instances where prompt investigation and intervention can either lessen the severity of the charges filed or even result in the case not being filed in the first place.

Do criminal lawyers retain files?

Specifically, bar associations have uniformly recommended that criminal attorneys retain the file for the life of the former client, unless the client expressly authorizes the file’s destruction.

Should a criminal attorney send a letter to a client?

Nevertheless, at the conclusion of a matter, a criminal attorney should send a letter inviting the client to request the file.

Can a civil attorney destroy a client's papers?

As the State Bar explained, without a contrary agreement, the acceptance of client papers and property are subject to the law of deposit (Civil Code sections 1813-1847) or potentially other statutes, such as the Probate Code, and a civil attorney “has no right to destroy them, no matter how long they have been held.”.

Do attorneys retain and preserve client papers?

An attorney’s obligation to retain and preserve the client’s papers and property lives on even after the representation ends. Once the matter is over, all attorneys should encourage the client to take possession of the file.

What is the rule for a client after a relationship ends?

Accordingly, once the engagement is over, Rule 3-700 (D) ...

William Joseph Kopp Jr

Timing is very important in BK. Once there is nothing holding up your case, he/she should file right away. However, if he/she waiting on certain things to fall off your timeline, go with that advice. More

Carl H Starrett II

You need to insist on a better answer from your attorney. Some of my clients take weeks or even months to get me the documents needed to file their case. Others get me what I need within hours or days. We can't tell if the delay is on your for not getting the documents to your attorney or if the attorney is really busy...

Dorothy Ann Bartholomew

You are entitled to a better answer than "not to worry." Ask your attorney what specifically is holding up your filing. More

David Earl Phillips

This would depend on the particular circumstances of your case. If you provided all of the documents needed and you are looking at a Chapter 7, usually within a couple of days the papers could be prepared. Almost all bankruptcy attorneys use computer software which helps speed up the process.

How long do you have to file a DUI charge?

How long do they have to file charges? Under Penal Code section 1382, the prosecutor’s office has one year from the date of commission of the offense to file charges for misdemeanors like a DUI (and three years if it’s a felony charge).

How long does it take for a DUI to be sent to the police?

There are instructions on the DUI paperwork to police officers, telling officers to send out the police report within five days. The same report goes to to both the DMV, for use in your DUI hearing, and to the prosecutor at the courthouse which has jurisdiction over your case. But that doesn’t always happen. And sometimes there are delays.

What happens if you don't file a case within one year?

If your case is not filed within one year, you can be assured that your case will not be filed, ever. However, DO NOT agree to go in and talk to the DA about your case! Doing so won’t help you, and may cause them to look for, and file, the case, add additional charges based upon your statement, or add evidence from your statement to the case.

What is the process of a felony case?

In a felony case, the process by which a person is formally charged is more complicated. When the police file a felony case with the District Attorney’s Office, the case is sent to its Grand Jury division. The Grand Jury Division has several options at this point.

What is the name of the document that the District Attorney files a misdemeanor case?

If it is a misdemeanor case the District Attorney’s office will prosecute by filing a document known as an “Information.”. An Information is the formal charging document in a misdemeanor case. Misdemeanor cases may be filed by the District Attorney after the case is reviewed by attorneys assigned to the Intake division.

What happens after a formal charge is filed?

That is to say, most of us understand that when one is formally accused of a crime by the government, one has the right to a jury trial, to require the government to present proof beyond a reasonable doubt to a jury, to present witnesses one’s own behalf and that the accused has the right to confront and cross examine witnesses against them that are presented by the government.

What is an indictment in a case?

An indictment is the written statement of a grand jury accusing a person of a crime.

Dan Eugene Chambers

It is impossible to say, and it varies by jurisdiction and from county to county. You may want to consider having an attorney look into the status of the case and/or investigation to determine if the district attorney has already formally rejected the case or whether it is still out for further investigation. More

Joseph Briscoe Dane

I hate to say it, but in Orange County, three months isn't that long. They could be waiting for medical records to see the extent of any injury, etc. You may be waiting for a while longer still. In the mean time, continue (I hope you have been) to not talk about this case. If...

Daniel Nelson Deasy

Frankly, that is impossible to predict. You really ought to sit down witha criminal defense attorney to discuss the possibilities.

Ross Carlton Meltzer

I agree with the other counsel. You should consider hiring an attorney to look into the matter for you. Technically, they have up until the statute of limitations runs to file charges but the amount of time it takes each DAs office to evaluate whether they will file charges can vary...

Mark A. Broughton

They will take longer when you are not in custody because statutory speedy trial limits are not in play. The case can be filed, returned to the investigating agency for further investigation, or rejected. A criminal defense attorney in your area should be able to find out the status of the case.