How long does the DA have to file charges?

UPDATED: Sep 19, 2011

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How long does the DA have to file charges?

We live in CA. My boyfriend got picked up on a warrant for not paying a fine. Isn’t he supposed to be arraigned in 2-3 business days? Also, he matches the description of someone that committed a crime, should we follow up with the DA or the court regarding status of that investigation, and is there a timeframe when they lose jurisdiction?

Asked on September 19, 2011 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your boyfriend was picked up for not paying a fine and taken to the police station for booking and was then released, he will be sent a hearing date for the outstanding warrant and the fine issued from the court clerk evenually. The problem is that the court system is now understaffed and things take longer to process.

The district attorney's office has typically up to a year to file a charge based upon a misdemeanor and longer depending upon the charge for a specific felony. I suggest that as to the investigation of your boyfriend as to some other incident that if you are interested in it, your boyfriend retain a criminal defense attorney to make the inquiry.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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