Charge hasn't been filed, do I still go to my court date?

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The D.A.'s office says my case is still "pending review." If it is still in that status by the time my court date comes around, do I still have to go?

Attorney Answers

3
Robert Driessen ·
No you do not have to go but it may be best to go so they can stamp that you were there. Just make sure if you are planning not to go on the date of your arraignment call the day before to the DA’s office. Robert Driessen
0 upvotes
Robert Marshall ·
I strongly disagree with Mr. Driessen. You signed a promise to appear in court on a specific date. Even if charges aren't filed at that time, failure to show up as promised could result in a new charge for failure to appear and a warrant for your arrest. In many counties, the District Attorney's office files charges at the last minute, so you wouldn't know whether charges will be filed by your court date or not. The chance isn't worth it. Go to court.
0 upvotes
Marymargaret Bierbaum ·
I have witnessed the DA file the afternoon before--i.e, at 3:30 pm, so it is safest to show up in court when assigned. AND, if you have posted bail, your bailbonds-person will expect you to show; otherwise, they may charge a penalty, &/or, theoretically, bail could be forfeited. If you really cannot make it, call court at 8 a.m. the day of, & speak to a clerk to triple-check that the DA has NOT filed. You may also want to hire private counsel to dissuade the DA from filing at all, if you have circumstances in mitigation that my convince them, ahead of time.
0 upvotes