I don't want my bail to be exonerated by the court because the district attorney has not filed. I'm just afraid that once the D.A. finally file charges, the judge will reissue a bail and I will have to pay my bail again which really puts me in a tight situation financially because I dont think I can post bail again.
I would encourage you NOT to try to hurry up the DA. That's kind of like poking a hornet's nest with a stick because you think they'll eventually sting you, anyway.
Anything you say to the DA could help their case against you. They might not charge you when they're done with their investigation... but your statement could be the deciding factor.
Call your bail agent and ask them what to do. In many cases, they will "reassume" your bail if charges are filed later based on the same facts that got you arrested in the first case. Sometimes there's an administrative charge of about a hundred dollars; the bail agent can let you know.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
Since you bailed, made all of your court appearances and haven't been in any new trouble, it's likely the judge will release you on your promise to appear if charges are eventually filed.
Brian Russell MichaelsCriminal Defense AttorneyLos Angeles, CA ·
Absolutely do nothing to get the District Attorney's attention regardless of your bail issues. I understand that money is an issue and bail costs money but often people get so focused on the money they forget about what is at stake.
If you were arrested and posted bail then you were arrested for a serious offense. Depending on what County you are in, it can take some time for a Prosecuting Agency to make a decision on what, if any, charges to file. It can also take time for law enforcement to get their file to the Prosecutor. One thing you do not want to do is ring their bell.
If you are in a large county like we are here in Los Angeles, I don't see the harm in having a local criminal defense attorney check on your filing status. I do it all the time here in L.A. to try to keep my prospective clients informed. But that is a different situation from pushing the D.A. to hurry up. If you ask for something like that you are apt not to like the result which could be a filing where there might not have been one.
One of the other things you can consider, which we do, is work on cases on a pre-filing basis for a client. If a case is fact driven and there has been no filing yet, there is nothing wrong with starting to work up your defense with your lawyer. That can also help give you some piece of mind.
With respect to your bail, you should leave it be. Your goal is for your case to go away without you going away too.
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
Right now you are out of custody without a conviction. Do what you can to keep it that way. "Hurrying up the process" doesn't usually end well for most criminal defendants.
