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Never got paperwork to go to court or a ticket for DUI
Anonymous3 views3 answers
I was arrested and taken to jail then bailed out. I never got or signed a ticket but was given a court date upon release. I am not on the court calendar and its 2 days away. I called the arresting dept and they have no record of my arrest. The cop took my DL and I still havent heard from the DMV saying its been suspended. What now...court is Monday and this is Saturday.
Thank you for any help given
You need to appear. The DA might not have filed any charges yet-"missing complaint". Call if you have any questions. They might be waiting for tests to come back. Having an attorney will help!
Andrew Roberts
(818) 597-0633
Whoa! First, hire a competent and vigorous criminal defense lawyer. Bring in your bail receipt and let her or him give you actual legal advice.
Second, if you were bailed out, you do not get a "ticket." That is a promise to appear that you sign if you are being released without bail. If you are bailed, the bail agent posted a bond with the jail (which will be forwarded to the court) and contractually agreed on your behalf that you will show up on the agreed date. So, that is what you have to do. (Now, if you hire a lawyer and the lawyer agrees, the lawyer can appear at court for you and you would not have to be there. However, if you have not hired a lawyer who has agreed to this, then you must be there or a bench warrant could issue for your arrest and you will forfeit your bail bond).
Third, you should not be calling the arresting agency or any other police officers about your case. Talk to a defense lawyer and, otherwise, employ your right to remain silent. In addition, law enforcement does not keep track of your court appearances. That was between you and the bail agent and the jail -- law enforcement booked you and moved on to the next arrest.
Fourth, the fact that the case is not on calendar does not mean that you are excused from appearing. Many times complaints are filed at the last minute. But, even if it is not, you have bail up so you have to be there.
Talk to a good criminal defense lawyer and good luck!
When you were arrested and then release, you should have received a document advising you of your court date, time, and the court where you need to appear for your Arraignment Hearing to plea guilty or not guilty. As you did receive this document, then you need to appear at the time and date specified. Just because you did not receive a specific ticket for a DUI charge is not controlling.
Most importantly, just because you are not on the court's caldendar does not excuse you of your legal responsibilities to appear. Your failure to appear may expose you to a warrant for your arrest.
Most often, a case is not on calendar because the District Attorney has not filed their criminal complaint. They have one year to file their complaint. Orange County District Attorney sometimes runs 4-6 weeks behind. Normally, When they do file the complaint, you will receive a letter from them advising of the Arraignment Hearing.
To protect yourself, the best course of action would be to hire legal counsel to appear in court on Monday, check with the clerk and get a court stamp receipt that counsel appeared in court on the day you were given by the police on your behalf. Additionally, I would also have counsel go the District Attorney's Office inside the courthouse and obtain a date stamped form indicating that the District Attorney has not filed their complaint as of the date you had to appear. They have a multi-purpose form letter which they will date stamp and provide to counsel.
By going to the clerk's office and the District Attorney's Office, you will have documentary proof of your appearance for your DUI charge.
It would be anticipated that your case will not be filed by Monday, should receive a letter from the District Attorney in about 3-4 weeks, and appearance by counsel will be required on Monday.
In addition to the above, you only had 10 days from your arrest to request a license suspension hearing with DMV. If you did not request this hearing and there remains time to request this hearing, you need to request this hearing immediately.
Good Luck and wishing you the very best possible outcome.