If I was told that I outlived my arraignment in a criminal charge and nothing came of it., how can I close the case if it s listed as “open and active”?

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If I was told that I outlived my arraignment in a criminal charge and nothing came of it., how can I close the case if it s listed as “open and active”?

I was arrested on cultivation charges 2 years. I was told that I would outlive the arraignment if I wasn’t arraigned within 365 days. However I was never arraigned and no charges were pressed I was simply detained on the charge. When I recently got a background check done it came up with an open and active case against me in Superior Court. However the police and the district attorney have nothing in their system about me. What can I do to settle this matter and get the case closed?

Asked on August 3, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the time period for statute under the laws of your state have come and gone but the case against you in the criminal court is still active, the way to get the matter dismissed is for you to retain legal criminal defense counsel to write a letter to the district attorney's office seeking such or file a motion to do so.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the time period for statute under the laws of your state have come and gone but the case against you in the criminal court is still active, the way to get the matter dismissed is for you to retain legal criminal defense counsel to write a letter to the district attorney's office seeking such or file a motion to do so.


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