QUESTION
Why does it take up to 2 years to file a misdemeanor DUI case?
Asked on Apr 05th, 2013 on DUI/DWI - Colorado
More details to this question:
I got arrested for a DUI in October of 2012 and my lawyer went to my arraignment on my behalf and said that the DA didn't file my case. I know the statute of limitations is 2 years for a misdemeanor, but let's say a year and half goes by then the DA decides to file it. I'm wondering why it takes so long to file? Does anyone have an example of this happening? Thanks.
4 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Assuming your case is a misdemeanor and its in California, the prosecution has one year to file the charges so you will be finished with your case in October 2013, assuming charges aren't filed prior to that date.
Answered on Apr 09th, 2013 at 7:52 PM
Michael J. Breczinski
This usually happens if the police there are understaffed.
Answered on Apr 07th, 2013 at 8:19 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I see this happening more and more. Quite honestly, a lot of it has to do with the budget cuts that you are seeing. Budget cuts mean less officers to work up the cases, which means the sit until someone gets to them. Another factor may be the complexity of the case. Was there an injury accident? Are drugs also involved?T he more complex the case, the longer it takes to get filed.
Answered on Apr 05th, 2013 at 11:20 AM
There are several reasons why the case had not yet been filed. The arresting agency may not have provided the DA's office with the necessary arrest report so that a filing decision could be make, there may not be toxicology results available, or the arresting agency's report could have been deficient in some way. it would be best to ask your attorney why the case had not yet been filed because they were in court and spoke with the DA directly.
Answered on Apr 05th, 2013 at 9:51 AM