How Long Does The Da Have To File Charges
Pre-filing Investigations & the California Criminal Process
If you are facing criminal charges in California, it is of import to understand the criminal procedure. If you lot accept been accused of a crime but have not withal been charged, or have other questions more than specific to your particular example, it is imperative that you speak to a criminal defence attorney right away.
The Allegation
An allegation is simply a notice to a law enforcement bureau that you lot accept committed a criminal act. The allegation can ascend from any source, exist it a citizen or a law officeholder; or it could come from a regulatory agency, such every bit the Securities Exchange Commission or Drug Enforcement Bureau.
The Pre-Filing Investigation
A pre-filing investigation generally involves a police enforcement agency analyzing and scrutinizing the facts of your instance to determine whether the police bureau tin can recommend that prosecutors file charges against you. During this time, the constabulary may question you or witnesses in the case, or even comport a search of your holding.
During this fourth dimension, the prosecutor has a significant amount of discretion as to whether or non charges will be filed. This means that if the prosecutor believes that the law have non provided stiff enough evidence, he or she tin can decide against pursuing the case whatever further or request that the constabulary gather more evidence.
Once the police force agency gathers all testify and sends your case to the District Attorney's function during the "pre-filing" stage, i of three outcomes will occur:
- The commune chaser will file charges against you;
- The district attorney will make up one's mind to cease the investigation with no charges; or
- The prosecution will request the constabulary agency to conduct farther investigation and so return the matter to the district attorney for their review and determination.
For these reasons, it is crucial that you take an experienced attorney on your side, either to convince the prosecutor to not pursue your instance, or to consider lesser charges. For example, the attorney might be able to persuade the prosecutor to charge the crime as a misdemeanor rather than a felony. Your chaser may be able to convince the prosecutor that an infraction is more appropriate than a misdemeanor, which would keep yous out of jail. If the police take yet to turn over their information to the prosecutor, your attorney can nowadays your side of the story to the police so that the police force reports accurately represent the facts in your defense.
During the pre-filing investigation, your attorney will shield yous from police questioning, and volition keep you lot informed about your rights while under investigation. Remember, any statement you brand to the police, regardless of whether y'all are in custody or not, tin can and will be used against you in court. You have the correct to refuse to answer questions or make a statement, even if you have yet to be arrested and read your Miranda rights.
The corporeality of time that a prosecutor has to human activity on a case depends on the blazon of offense and the severity of the crime. For most misdemeanor crimes, the prosecution must file charges within one year from the date the criminal offence was allegedly committed. If the law-breaking is a felony, the prosecution generally has iii years to file charges from the date the crime was allegedly committed.
The Abort
If the prosecution decides to file charges, a warrant for your arrest may be issued. An arrest involves taking a person into custody for the purpose of holding the suspect until their case is heard in courtroom. The law must have probable cause to arrest you lot, which means that the police have a reasonable conventionalities that y'all committed a particular law-breaking.
If you accept been arrested, your attorney may be able to convince the prosecutor to concord to recommend a reduction in your bond, or to have y'all released on your own recognizance. This means y'all will exist released from custody based on your promise to appear in courtroom every bit scheduled for your arraignment. If your lawyer tin convince the gauge to release y'all without having to post bail, you tin can potentially save thousands of dollars that you otherwise would have paid to a bail bondsman.
Arraignment and Bail
An arraignment is a formal hearing where the judge advises you of charges against you lot, and explains the ramble rights available to the defendant. The formal accuse may appear in three forms: infraction, misdemeanor or felony. At the arraignment, no evidence will be presented and no witnesses will be called to testify. The court will schedule dates for time to come proceedings.
Bail Hearing
The bond hearing is another expanse where an experienced attorney tin can benefit you. He or she tin can potentially save you hundreds of dollars by arguing for a reduction in bond. A defendant in custody on criminal charges has the right to reasonable bond. The court may allow the bail hearing to take place during the arraignment, or crave the attorney to file a formal move and notify the prosecutor of your intent to seek a bail reduction. The prosecutor will have the option to competition the reduction.
Entry of Plea
During the arraignment, you may enter a plea of guilty, not guilty, or nolo contendre (no competition). This means that you exercise non admit guilt, simply will stipulate that the prosecution has met the elements of the law-breaking. In addition, you tin can request a continuance, meaning your hearing will be continued on a afterwards engagement, for the purposes of retaining an attorney.
Contact the Criminal Defense Attorneys at Wallin & Klarich Today
If you are the subject of a pre-filing investigation, y'all should seek the aid of an experienced and ambitious chaser immediately. At Wallin & Klarich, our attorneys have over 40 years of experience fighting for the rights of those facing criminal charges. We work tirelessly for our clients from the first day we are hired. Contact us today for a gratis, no obligation phone consultation.
With offices in Orangish County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego, Torrance and Sherman Oaks., there is a Wallin & Klarich attorney experienced in criminal defence near you, no thing where you work or alive.
Call united states today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
Source: https://www.wklaw.com/pre-filing-investigation/
0 Response to "How Long Does The Da Have To File Charges"
Post a Comment