QUESTION
How long does it take to officially dispose a DWI case?
Asked on Mar 14th, 2013 on DUI/DWI - California
More details to this question:
The statute of limitations is up on my driving while intoxicated charge and after my 3rd court appearance, the state still has not filed charges. Generally, how long does it take to officially dispose of the case?
5 ANSWERS
Michael J. Breczinski
If you have appeared in court three times on the matter then charges have already been filed. If you have just gone to court to check if anything was filed then that is a different matter.
Answered on Mar 19th, 2013 at 12:18 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I'm confused by your question. You shouldn't be having any court dates unless they have filed charges. Why else would you be there? The statute of limitations is the amount of time they have to file charges against you. Each jurisdictions has its own rules about time periods for disposing of cases but for most misdemeanors, it's six months from the time it started unless there is good reason for the delay.
Answered on Mar 14th, 2013 at 7:40 PM
Geoffrey MacLaren Yaryan
The statute of limitations for a misdemeanor in California is one year. It must be filed within that period.
Answered on Mar 14th, 2013 at 7:38 PM
Criminal Defense Attorney serving Oakland, CA
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If your case has not been filed, and it's a misdemeanor, the DA has up to one year from your arrest. It's a good thing the charges haven't been filed, you should be relieved.
Answered on Mar 14th, 2013 at 2:23 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Technically the prosecutor has up to 2 years to file the case. I have never seen one take that long to file, but I have seen cases take 6-7 months before filing.
Answered on Mar 14th, 2013 at 2:23 PM