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  1. #1
    Join Date
    May 2010
    Posts
    2

    Default Drunk in Public - Went to Court, Charge is Not Yet Filed

    My question involves criminal law for the state of: california

    So at the end of March i was arrested and cited for drunk in public. My record is clean outside of this. Anyway, I never received anything about it in the mail, but do have the ticket that was given to me that day. The court date on the ticket was for the 19th of May.

    When i appeared on May 19th, the file clerk at the counter said i could not see a judge or anything at this time because the charges have not yet been filed (despite the ticket saying appear in court that date). She gave me a small paper that said i had appeared and with directions to constantly check "occourts.org" and wait if it's ever filed with another court date.

    So I'm completely lost right now......is there a good chance this will never be filed for whatever reason and I'm in the clear? How long do i have to keep biting my nails and checking the status of this ticket on that website (or waiting for an official letter in the mail of court appearance) to see if it's ever filed? Is there any sort of leverage i have now that they've made me waste my time to appear at this date for no reason at all?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,687

    Default Re: Drunk in Public (Ca) - Went to Court, Not Yet Filed

    You might check with the DA's office and ask them about it.

    Many times, a public intoxication arrest is not filed and is simply resolved by the arrest. Unfortunately, there is usually no mechanism to inform you of that fact if the officer has cited you or you were issued a citation upon release from custody. They have one year to file charges with the court.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    May 2010
    Posts
    2

    Default Re: Drunk in Public (Ca) - Went to Court, Not Yet Filed

    Quote Quoting cdwjava
    View Post
    You might check with the DA's office and ask them about it.

    Many times, a public intoxication arrest is not filed and is simply resolved by the arrest. Unfortunately, there is usually no mechanism to inform you of that fact if the officer has cited you or you were issued a citation upon release from custody. They have one year to file charges with the court.
    If i check with the DA's office, is there a chance i will "wake a sleeping giant" so to speak? as in, maybe i have better luck just waiting it out?

    Does anyone know if it hasn't been filed yet, is there a reasonable chance it will fly under the radar? Or is this a common occurrence and i will still *probably* eventually be officially cited (in which case, i will probably see the DA just to get this over with asap)

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,687

    Default Re: Drunk in Public (Ca) - Went to Court, Not Yet Filed

    Quote Quoting bobthebaker
    View Post
    If i check with the DA's office, is there a chance i will "wake a sleeping giant" so to speak? as in, maybe i have better luck just waiting it out?
    The problem with waiting it out is that you may not know it has been filed until a nice officer knocks at your door with an arrest warrant. There is no legal requirement they notify you prior to its issuance.

    There are a number of reasons why it might have been delayed. It might also never be filed. You may have gotten very lucky.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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