the district attorney cant find my file for court now what

If you can’t find your copy, get one from the District Attorney’s Office. The police can also tell if an Order of Protection exists.

Full Answer

Can the district attorney’s office give me information about a case?

Oct 10, 2009 · However, if your case was not filed by the time of your first court appearance, it may simply mean that the DA's office has not processed your case as of yet. Or the possible good news would be that the district attorney "Rejected" the case for insufficient evidence. The DA will normally process the case within a month or two of arrest.

Why won't my attorney give me a copy of my file?

Feb 06, 2018 · 3 attorney answers. Posted on Feb 6, 2018. First, he should appear on the date as ordered. The person may be mistaken about the filing or they could have just meant that it hasn't yet been filed. Second, as for an attorney, it is always better to …

How do I get my attorney to give me my file?

Oct 24, 2011 · Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the …

Does the Santa Clara County district attorney give advice?

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 then the police can put a warrant into the system for that person's arrest.

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

Why does the DA reject cases?

The district attorney's office may decline to prosecute or “reject” a case if there is insufficient evidence or if more investigation is required.

How long does 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.

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What does declined prosecute mean?

A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. Or, perhaps new evidence is found which undercuts the prosecution's case against the defendant.

What does a DA reject mean?

A DA reject means that the prosecutor does not have enough evidence to prosecute you. However, depending on the crime, they have a certain amount of time to actually file a case against you.Jul 17, 2020

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

three yearsIf 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 the DA have to file misdemeanor charges in California?

one yearCalifornia Statute of Limitations – How Long Does the District Attorney Have to File a Case Against Me? 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.Dec 10, 2010

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

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.

Why is a prosecutor so powerful?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

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

Bianca Alize Jimenez

First, he should appear on the date as ordered. The person may be mistaken about the filing or they could have just meant that it hasn't yet been filed.#N#Second, as for an attorney, it is always better to have a seasoned advocate in court.

Reve Gerardo Bautista

Even if someone told you that the district attorney was not filing charges at the time you talked to them, your husband should still appear as instructed. It depends upon the reason why the DA stated that no charges would be filed. However, they can still change their mind and file charges.

Paul Nigel Walton

If the district attorney does not file any charges, the case might be dropped at the court date or before. The people at the district attorney’s office should be able to let you know what their plans are.#N#More

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

How long does it take for a police case to be filed?

Sometimes, they may be investigating a serious case and it could take the police weeks or months to get the paperwork to the prosecutors.

Is a felony warrant a misdemeanor?

A felony warrant is just a more serious warrant because it’s a felony charge. Most of the time, people could potentially face prison time on these charges. The police are a lot more likely to go out and find someone who has a felony warrant because they perceive that person as more dangerous. With a misdemeanor warrant, a person would probably be ...

What does "pro se" mean in law?

According to Black’s Law Dictionary (9th ed. 2009), pro se is a Latin phrase that means “on one’s own behalf.”. In this District, pro se litigants must follow the same rules and procedures that litigants who are represented by attorneys must follow, including the payment ...

Can a judge talk to you?

The judge, the judge’s staff, and the Clerk’s Office staff are not allowed to talk to you about your case without all of the other parties and their legal representatives present, whether in person or by telephone, except during an early neutral evaluation or a settlement conference.