Figuring Out Charges Before Going to Court
I have a court date coming soon (the arrignment), but my lawyers office has been calling there for days and they don' t even have my file yet. I was arrested for shoplifting. My questions are:
How long after you are arrested and released does it take for the prosecutor to file charges?
What happens if it doesn't happen before my court date?
I guess, I am trying to find out if there is any remote possibility that it doesn't happen at all (keep in mind that I was arrested and released on bond).
Thanks
Criminal Charges & Arraignment
If I may attempt to read between the lines, I assume you were arrested as a suspect in a criminal case, and brought before a court for a bail hearing, at which time you were instructed of a date upon which you would return to court for arraignment? And now that date is approaching, but the prosecutor has yet to file the information describing the specific charges being made against you?
Whether or not the prosecutor's actions are timely will depend upon your state's rules of criminal procedure - your lawyer can advise you on those. However, if the delay is from the prosecutor's office, perhaps your lawyer should be attempting to get the specifics of any charges directly from the prosecutor rather than waiting for the prosecutor to file them with the court.
The arraignment is the formal reading of the charges against you, following which you have the opportunity to enter a plea. If the prosecutor doesn't have any charges to be read, and you don't waive the arraignment, depending upon your jurisdiction's rules of criminal procedure and local practice, you are most likely going to either see the charge dismissed without prejudice (meaning that charges can be filed at a later date), or to have the arraignment adjourned to a later date such that the prosecutor can file the required paperwork.