QUESTION
How long does a DA have to amend a misdemeanor violation (23152a/23152b/12500/a) where no formal charges were brought?
Asked on Jun 02nd, 2016 on DUI/DWI - California
More details to this question:
The driver’s license has been issued after a year and a sr22 is current. The other party was ticketed for the accident and paid for our vehicle May 2015. On May 20, 2016, a bench warrant was issued and a subsequent arrest made with amended charges. No notifications were ever received. I have requested all public records and have not heard anything.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The D.A. has one year from the date of the incident to bring misdemeanor charges. I suggest that your contact an experienced criminal defense attorney to help you with this matter. If more than one year lapsed before the D.A. filed charges, it may be possible to have the case dismissed.
Answered on Jul 06th, 2016 at 6:41 AM
You need to hire a lawyer to file what is called a "Serna" motion. But first you need to have the warrant recalled. A lawyer can do this without you present so it is less risky for you.
Answered on Jul 05th, 2016 at 6:53 PM