How long does the DA have to file charges?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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