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  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Default Time Limit on Charges, Lack of Arraignment on Court Schedule

    My question involves criminal law for the state of: Orange County, California

    I was arrested and charged with PC 245A2, 422, VC 23152A, 23152B.
    As I read the explanations of the charges they were: DUI, DUI with over .08%, Assault with a Firearm, Criminal Threats.

    The assault with a firearm / criminal threats was in defense of my property / home as I was threatened. A 6-12in piece of reed bar was thrown at my garage door and placed a dent in it (around 3am). I opened the door and saw the person running away. He threatened to kick my ass and ruin my sons life. (He has a history of spousal abuse and stalking/violence)

    The cause of him doing this was my wife was out with his separated wife (they live in the same home when he is in CA) and I was trying to locate her as it was over 1.5hrs after they should of been home, I went over and rang the door bell 2 different times but no one answered.

    The weapon was an unloaded BB gun.

    The DUI came about as I was moving my car out of our community parking to the street as my car was threatened with damage in the exchange of words we had.

    I threatened to get a gun if he continues with his threats. About 10 minutes later after digging my dusty BB gun outta a box I went out front (inside my gate and looked for him but could not find him). He claims I pointed the gun in his face.

    Anyways, so the question is, I was released on a $5k bond/$50k bail (within 5 hrs), it has been over a month since the arrest and is less than 11 days till the arraignment listed on my Bail Receipt. I have contacted the bail bondsmen to inquire what to do as no case has been filed and Im not on the court calendar (checking the online case search/calendar). The bail bondsman says to not do anything to bring the case to the DA's attention. They said they will receive a letter within 5 days of the arraignment date and will call me if I must go.

    Should I
    1: Retain my preferred attorney to get him working on the case?
    2: Ignore it till a case is filled?
    3: Get a copy of the police report to see what is on it?

    Also in regards to the DMV hearing on the DUI, should I just let it stand so it is not brought to the DA's attention or should I dispute it since they havent filled a case? They had no reason to stop my car just driving out of the community (private) lot.

    Thanks for your help

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,444

    Default Re: Time Limit on Charges, Lack of Arraignment on Court Schedule

    I would go with doors number 1 and 3.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Time Limit on Charges, Lack of Arraignment on Court Schedule

    Quote Quoting aysle
    View Post
    The bail bondsman says to not do anything to bring the case to the DA's attention. They said they will receive a letter within 5 days of the arraignment date and will call me if I must go.
    I wouldn't do that... If I were you, I would still appear on the date stated on the citation and if the case has not been filed yet, I would request "proof of appearance" (a form that they complete and stamp) from the clerk showing that you did in fact appear.

    Orange County is notorious for taking their time to file criminal cases (BTW, the Statute of Limitations is one year).

    I would certainly consult with an attorney prior to that date. He/she can advise you further on how to proceed with the court matter as well as with the DMV hearing.

  4. #4
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Time Limit on Charges, Lack of Arraignment on Court Schedule

    is there any grounds to contest / dimish the case on for them not filing by the arraignment date (yes I have read all the codes relating to it, and the "speedy trial bits" but it all applies to after the case is filled? I dont know who to goto for my attorney... the 2 I have talked to knew less about whats going on than you have advised me of (or I knew already)... I thought I had a good lawfirm but apperently NOT. Do you have some key questions I can ask 1st? I dont want to blow my $$ on a poor lawyer, I need a good defense as Im the primary care giver of my 3.5 yr old child.

  5. #5
    Join Date
    Feb 2010
    Posts
    8

    Default Re: Time Limit on Charges, Lack of Arraignment on Court Schedule

    Speedy trial starts from time of arrest not filing. But that is still a year. They arrested you the clock has started you can't ask for any continuances. They must finish trial in the year arraignment is not trial. Show for all hearings be it motions what ever. Check your state code some states by statute trials must begin within a certain period.

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