i have a september 4th court date for a misdimeanor incident that occured on july 4th. after almost 2 months the states attourney hasnt pressed formal charges... what should i expect when going to the county courthouse on the 4th?
the court case has been checked. by a defense attourney, nothing has been mailed to me and i was never arraigned, no charges have been formally filed
all i was given was my bond agreement when bonded out of jail with my court date and time on it.
2007-08-31 05:24:03 · 4 answers · asked by J 2 in Politics & Government ➔ Law Enforcement & Police
I know you are not in California, as you say the charges are from a State's Attorney. In California, the People, prosecutors have one year from the date of the incident to file charges in Misdemeanor cases. Then the Statute of Limitations kick in. Since this is a Misdemeanor go to the Court date and if the case has been filed, then you can go from there. If the People have decided not to file, you will be free to go your own way. If the People are still doing follow-up investigation, you might get a new Court date, or be released until they file charges.
Side note: In California, we file Felony Complaints. If the case goes to Preliminary hearing, and the Defendant is held on the charges we file an information. (If we take the case to Grand Jury, we file Indictments.
2007-08-31 06:32:35 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
You will probably be served with the charging document at the hearing coming up. Laws vary from state to state. In KS, you are only arraigned on felony charges after a preliminary hearing. In the case of a misdemeanor, it is very common that the defendant is not served until their first court date (which in KS is really a bond hearing).
Hire an attorney to represent you now. If you can't afford one, you can apply for court appointed counsel. If you qualify, you not have to pay the attorney up front. However, the right to counsel does not mean the right to free counsel. If convicted, the legal fees can be part of the sentence.
Good Luck
2007-08-31 12:47:15 · answer #2 · answered by hensleyclaw 5 · 0⤊ 0⤋
You need to talk with your attorney now, today. You cannot be sent to trial without a charge in place first. What are you to be found guilty or innocent of? At this point, if it is truly a midemeanor and you haven't got a previous record, you might be able to go with your lawyer to the judge and get lectured and have it thrown out. But you are in serious need of legal counsel right now. If you I would not delay.
2007-08-31 12:33:56 · answer #3 · answered by CB 7 · 0⤊ 0⤋
You can present your opening statement asking the court to straightaway dismiss the case!
2007-08-31 12:32:39 · answer #4 · answered by Sami V 7 · 0⤊ 0⤋