How long until I go to court?
If you were arrested and bailed out or you had contact with law enforcement and you were given a citation you may be wondering what is next.
In either situation above, you will have been given a date to appear at court. However, on that date, there may not be a case filed against you.
So what do you do next?
How long do you have to worry about a case being filed?
Will a warrant be issued for your arrest?
First and foremost, if you hire an attorney at Proper Defense, we will keep up on the status of your case during this “pre-file” period of time. (See A Proactive Approach.)
Our attorney will attend court hearings before the case is filed so that you do not have to. We will make sure that an attorney is there so that a warrant will not be issued, relieving you of the stress that comes with the uncertainty.
Depending on what the potential charge is, whether it is a misdemeanor, felony, or a wobbler the prosecutor will have a time period during which they have to file charges against you.
A misdemeanor has to be filed within one year of the date of the incident. This means that charges may be filed months after the incident. Hiring a Proper Defense attorney ensures that you will know when your case is filed. (Sometimes misdemeanor cases are filed outside of the one-year period of time. When this happens a Serna Motion should be filed on your behalf, which may result in the case being dismissed.)
A Felony generally has to be filed within three years of the date of the incident. However, there are many felonies that have different statutes of limitations, depending on what the crime is. For example, a murder case can be filed at any time after the murder occurs. This does not mean that you do not have recourse if a murder case is filed 12-15 years after it happened, a skilled attorney at Proper Defense can assess your case and may be able to file a motion to dismiss the case for the pre-accusation delay that deprived you of your constitutional right to put on a defense. (See Motion to Dismiss for Pre-Accusation Delay in violation of Due Process.)
A Wobbler offense is an offense that can be filed as a misdemeanor or a felony (see What You Need To Know About Wobblers). If you were arrested or cited for a wobbler offense, the prosecutor can file charges within the felony time period, which is generally three years.
If you hire Proper Defense for a pre-file case, we will keep up on your case for the statutory period, and try to confirm whether or not the case will be filed to give you peace of mind. If the case is filed, the cost of the pre-file representation will be applied to the cost of representation in court on the matter. Call us today to schedule a free consultation; what do you have to lose? Available 24 hours a day at 559-314-4233
