if one has a file at the district attorney office - why

What most people do not understand is that a person, even if arrested by the police, is not formally charged with a crime until/unless a prosecutor at the District Attorney’s office files a formal complaint with the clerk of Court. Before this happens, your attorney may be able to influence the prosecutor’s decision to file charges against you.

Full Answer

How does the district attorney’s Office 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). If your case is filed at a later date, a letter with your new court appearance date will be sent to your address on the police report or citation.

Can my attorney influence the Prosecutor’s decision to file charges?

Aug 10, 2014 · That is why they are elected by the people. I would say that the decision to vote in a race involving a prosecutor’s office is as important, if not more, as the President or congressional representatives. The people have the choice every 4 years in Georgia to vote in a manner that materially affects the quality of protection that we enjoy.

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

The District Attorney's Office cannot provide legal advice or take legal action in such matters. You should consult with your lawyer. If you do not have a lawyer, you can call the Lawyer Referral Service, which is operated by the San Mateo County Bar …

Why does the district attorney reject my case?

If a person is charged with fifteen felonies and pleads to them at one time then they have only one prior conviction for the purposes of being an habitual felon. back to top . Q: Can the District Attorney's Office explain my charges, insurance points, and driving license points? A: No. The District Attorney's Office prosecutes rather than defends.

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.

Why are district attorneys so powerful?

Power to Negotiate Plea Deals The DA has immense power in influencing an individual's decision to enter into a plea deal or to take their case to trial. More than 90 percent of all criminal cases end in a plea deal. The district attorney has the power to offer a sentence to the individual charged with a crime.

How much power does a district attorney have?

A DA has the power to investigate allegations of law enforcement misconduct and ultimately bring charges. A DA also has the power to ask a special prosecutor or another agency to investigate law enforcement misconduct.

What does a US district attorney do?

A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.

Are district attorneys elected?

In most U.S. state and local jurisdictions, prosecutors are elected to office. On the federal level, district attorneys are, in effect, members of the executive branch of the government; they are usually replaced when a new administration comes into office.

Are Das cops?

In the United States, a district attorney (DA), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

Which three responsibilities would be undertaken by the district attorneys office in criminal law cases?

Role & Duties of a District AttorneyConduct a Grand Jury Investigation. The prosecution of a crime begins well before the perpetrator is ever charged. ... Decide Whether to Prosecute. ... Investigate Evidence. ... Offer Plea Bargains. ... Conduct Trials. ... Litigate Appeals.

What power does the US Attorney General have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Why were my charges not filed before I got to court?

It might surprise you that this is not an unusual situation. The Orange County’s DA’s office has been subject to certain budget cuts post-recession, and this has been happening with increased regularity as a result.

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). ​ If your case is filed at a later date, a letter with your new court appearance date will be sent to your address on the police report or citation.

Could this help my DUI get dismissed?

Probably not. But as more times goes on, the odds of you never having to deal with the case increases. Keep track of that one year date from your arrest or citation. If your case is not filed within one year, you can be assured that your case will not be filed, ever.

Contact us now if you need DUI help

Don’t delay contacting us. We can start you on a plan of action today that will help your court date later, and check the filing on a regular basis for you. And even if you don’t have a court date immediately, the DMV needs action within 10 days of your arrest. Contact us today.

What is the code of ethics for attorneys?

All attorneys are governed by a code of ethics that prevents them from directly speaking to a person who is represented by an attorney. Therefore, any questions you have about your case must be answered by your own lawyer.

How to find out if you have charges against you?

To find out whether charges have been filed against you, telephone the DA's municipal court branch office located in the judicial district where the crime occurred. For example, if you were arrested for a crime that occurred in Millbrae, call the South San Francisco branch office.

Who can drop charges in criminal cases?

The decision to drop charges in any criminal prosecution can only be made by a prosecutor with the approval of a judge. The victim's wishes alone shall not dictate whether or not a case will be filed or dismissed. If you would like to discuss your case, telephone the branch office that filed the charges.

Do you get a copy of a police report if you are a defendant?

If you are a defendant in a case, you or your attorney will be given a free copy of the police report in court when you are arraigned on the charges.

What time does the traffic division open?

Traffic Division office hours are Monday through Thursday from 7:30 A.M. to 4:00 P.M. and Friday from 8:00 A.M. to 4:00 P.M. Small Claims Division office hours are Monday through Friday from 7:30 A.M. to 4:00 P.M. The Clerk's office is open for your convenience from 8:00 A.M. to 4:00 P.M. Monday through Friday.

Who is the lawyer for the defendant?

The defendant must be present in court to hear what all the witnesses say about him/her. The lawyer for the defendant is called the defense attorney and will ask you questions after the prosecutor does.

Can the San Mateo County District Attorney give legal advice?

No. The District Attorney's Office cannot provide legal advice or take legal action in such matters. You should consult with your lawyer. If you do not have a lawyer, you can call the Lawyer Referral Service, which is operated by the San Mateo County Bar Association. The phone number is (650) 369-4149.

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

How long is the statute of limitations for a felony?

For felony offenses, the statute of limitations is three years; or. With certain felony offenses, there is a longer statute of limitations. There is usually a gap between the time the police officer generates the police report and the time the prosecutor makes their filing decision. It is during this gap in time that your attorney is able ...

Why is it important to retain a criminal defense attorney?

2. Arrest and Police Report. Oftentimes, a police officer makes a physical arrest of the accused and takes him or her to jail without an initial investigation.

What happens when a police officer gathers evidence?

Once the police officer has gathered sufficient evidence, he or she will meet with the prosecutor and present all of the evidence that the officer has obtained, including physical evidence, statements from witnesses, or even your own statements. The officer may recommend certain charges, but only the prosecutor has the power to formally file ...

What happens if you are arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

How long does it take to file a felony charge?

The answer is, it depends. If its a felony charge, the state has 175 days to file charges (technically, they have 175 to file the official charging document known as an “Information”). If the charges are a misdemeanor, the state has 90 days to file.

How long do security cameras keep video?

Video evidence is being taped over, dispatch calls are typically kept for 30 days, and most private security cameras hold their data for even less time than that. Add to that the numerous witnesses whose statements sound far more credible when taken within days of the incident–rather than months later.

Is the government your friend?

The government is not your friend, and they’re not going to help you through the trauma of an arrest. And, after the trauma of an arrest, it can be stressful waiting to see what or when or if charges will be filed. On the inside of the government machine designed to rack up convictions, think about what information the prosecutor is reviewing ...