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What happens if I go to arraignment and district attorney hasn't filed charges in a felony case?
Anonymous12 views3 answers
Its been 3 weeks after the incident occured and I am out on bail and from what the clerk told me when I was told the D.A. hasnt filed yet, my bond will get exonerated at the end of the month. Does that mean I can get arrested again? Have to repost bail? Also when the D.A. Does charge me, will I get notified?
After 30 days your bond will be discharged and you will simply be out of jail on your own recognizance. This does not mean the case is over, or that the DA wont file charges after the 30 days. If charges are filed after 30 days, you will be sent a notice from the clerk notifying you of a court date. Make sure that you have provided your current address to the clerk so there is no issue with notification.
Best advice is to hire an experienced criminal defense lawyer as soon as possible.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are made available by the out-of-state lawyer for educational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Yes, the DA has the ability to still seek charges against you. There could be a number of reasons why the DA has not filed yet. If you have a possible felony charge against you, make sure you seek legal help.
Robert Driessen
The DA has up to 3 years to file on you for a felony case. If you bond becomes exonerated and the DA later files, routinely the DA will send a notice to appear to your address that is current with the DMV. When you show up for your new court date, the judge can set bail again or release you on your own recognizance or OR. If you receive that letter from the DA after the bond is exonerated, you should contact the bond company and ask them to rewrite it at no additional cost, just in case the judge sets bail again. I would contact the bond company up front, advise that the DA has not filed, send them a copy that you showed up and got a stamp from the court/DA's office and ask them to extend the bond for another 6 months to give time for the DA to file. You should also get an attorney to contact the DA to see if you can get the case to not be filed or filed as a misdemeanor, if possible. Best of luck.
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