What does it mean if I went to my arraignment but the DA’s office says “case was never referred to us by police agency?

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What does it mean if I went to my arraignment but the DA’s office says “case was never referred to us by police agency?

I was arrested in and charged with 2 felonies, and I posted bail (100k) and went to my arraignment 30 days later but the DA has no case that was filed by the police department. The DA office gave me a piece of paper that says I went to my court date and cited the reason being “case was never reffered to us by the police agency”. The clerck also told me that if they do file I’ll get something in the mail. What does this entail?

Asked on April 9, 2012 under Criminal Law, California

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Typically once the police make an arrest, they then forward the arresting information to the D.A. who determines what, if any, criminal charges will be filed in the matter. Because it is the D.A. who issues the initial criminal warrant or information detailing what charges are filed against you, it is unusual for you to be charged with 2 felonies, have an arraignment date to be arraigned on the felony charges, and the D.A. have no information on the case. While this does not necessarily mean the case will be dismissed, it may be a situation where the police have yet to forward to the prosecutors all of the evidence in the case (i.e. police reports, witness statements, evidence, etc.). If however they do file charges and you appear back in court, and the prosecutors are still unprepared to move forward with their case, you or your attorney needs to ask the judge for a dismissal of the case.


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