if you get arrested how long is the district attorney have to file charges

How hard is it for a district attorney to get an arrest?

Again, the threshold the district attorney must reach here is very low: probable cause only requires a “reasonable ground for belief of guilt,” as the Supreme Court noted in Maryland v. Pringle. With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued

How long does it take to file charges for a misdemeanor?

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. (Penal Code §802.) In the period of time between the arrest and the filing of charges, the arrestee could have moved.

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

The district attorney decides to wait to file the charge. After thirty years, the last of the neighbors passes away and on the date of that neighbor’s death, the charge against the man is filed, even though no new investigation or evidence has been performed on the case.

What happens when the prosecutor files charges against you?

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.

How long does it take to get a misdemeanor charge in California?

For most misdemeanors, including possession of marijuana, shoplifting, simple battery, and theft under $300, the State has two years in which to prosecute. For misdemeanors where there is only the punishment of a fine or forfeiture, the State has only six months.

How long does a felon have to be in jail?

For serious felonies — which are punishable by imprisonment at hard labor but do not carry the possibility of life imprisonment — the State has six years from the date of the crime to begin prosecuting that individual. Examples of serious felonies could include attempted murder, arson, kidnapping, or simple burglary.

What are the two situations where there is no time limit?

There are two situations where there usually are no time limitations: extremely serious felonies and sex crimes . Felonies that have the possibility of life imprisonment or the death penalty, such as first degree murder, second degree murder and aggravated rape, have no time limit for prosecution.

Can a sex offense be prosecuted beyond time limits?

Prosecution for any sex offense may be commenced beyond the time limitations if the identity of the offender is established through the use of a DNA profile after expiration of the time limitation. This happens frequently now that a DNA database has been established.

James Lawrence Yeargan Jr

The statute of limitations is 2 years for misdemeanors, and 4 years for a felony. Since you were just a passenger, and did not claim the drugs, the prosecution cannot prove you were in possession of the narcotics. You may never get charged. If you are please fight back because yours is a case that shouldn't end in a conviction...

Benjamin David Goldberg

The statute of limitations for these charges is four years. Yes, when drugs are found in a car and no one claims possession of them, everyone will get charged. The good news is that, depending on the evidence, it may be hard to prove you guilty of possessing these drugs.

Jordan Kerry Van Matre

The District Attorney must bring an action within 2 years of the date of arrest for Misdemeanors, and 4 years if it is a felony. What you have described sounds like misdemeanors, assuming none of the pills fall within a particular schedule of controlled substances. Fortunately, Georgia recognizes the "equal access" rule.

Noah Howard Pines

The statute of limitations is two years for any misdemeanor charges and four years for any felony charges. If you don't have a lawyer who is fighting to get your case dismissed, then yes charges are normally files in cases like yours. Has your lawyer asked the DA to dismiss the charges against you?

Mauro Quintero

It would be very unusual for there to be a filing in this short amount of time. They often file after the date on your OR release or bail receipt, even on solid cases. Look up your BAC and call the DMV. Most attorneys will talk to you for free.

Scott Harman Heitmann

I handle a lot of cases in that courthouse and it will probably still be several weeks before your case is filed. Your blood results are generally available 10 business days after your arrest and you can look them up online.

Dan Eugene Chambers

OC is taking a long time at the moment. I have a case in OC that occurred in May and they still haven't filed. They will likely file in your case. It's just a matter of when. Yes, you should hire a lawyer. If you do have good defenses, then you'll want the attorney to present it to the DA.

Jonathan Carlos Ibanez

I agree do not hire a lawyer until you have been charged, sorry you will need to give it some time , I would say the majority of cases get filed within 30-60 days then as you know you are not in the clear until the 1 year mark. Glad to hear you do not think it is a strong case but their are lesser charges they can file related to a DUI, it all depends on the facts.

Alexander Bakhache Perez

You need to request a DMV administrative hearing within ten days of arrest or you're facing a potential drivers license suspension, even if the DA doesn't file. There's no way to predict how long it might take the DA to file a particular case...

What happens if a district attorney files a complaint in Kansas?

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.

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.

What happens when a suspect is charged?

Once charges are filed, the suspect officially “becomes” a defendant This may seem like a simply switch in wording, but it actually has very significant and real implications for the accused. Once a charge is filed, the options of eliminating the case are very few.

What is an arrest warrant?

An arrest warrant is similar to a search warrant, but instead sets out a person that is to be brought into custody.

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.

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.

How long do you have to file a misdemeanor charge?

If charged as a misdemeanor, prosecutors have up to 1 year from the date of incident to file charges. Penal Code §802 (a). If charged as a felony prosecutors have up to 3 years from the date of incident to decide whether to file charges. Penal Code §801.

How long do you have to wait to see if you are charged with a crime?

However, if you don’t get an answer in writing, you may have to wait anywhere from 1 to 6 years to see if the prosecution will file charges against you.

Can a prosecutor reject a case?

A prosecutor can reject a case and instruct the police to investigate further in hopes of strengthening the evidence against you. Or a prosecutor can reject a case outright and terminate further police investigation.

Can you tell which choice the prosecutor made?

Since you cannot know which choice the prosecutor made unless you obtain a copy of the prosecutor’s written rejection , it would be prudent to assume that the prosecutor rejected the case and instructed the police to conduct further investigation.