Legal Question in Criminal Law in California

how long does detective have to file with d.a office

went to court da had not received anything about my case. came back in a week as i was instructed to and still nothing . they told me to call detective for info . i am reluctant to do so . can they hold me in limbo indefinetly? also they have my property when can i get that back?


Asked on 2/23/09, 3:40 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: how long does detective have to file with d.a office

Your case could be a DA Reject, in which case it is your lucky day. Do not contact or speak to the police or DA for any reason, except through a lawyer. Make sure you have written proof you went to court on your court date, hang on to it. Waiting in limbo beats sweating a criminal charge any day.

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Answered on 2/23/09, 3:58 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: how long does detective have to file with d.a office

It might take up to a year for the DA to decide whether charges will be filed, sometimes longer. Unfortunately,they can also hold your property for as long as they sit on the case. Their obligation is to return it to you whenever the property stops being useful as evidence. They never return any drugs or other contraband.

I would contact a lawyer to see whether an aggressive approach in pressuring the DA to officially reject your case and return the property is appropriate in your case. There are some situations, where being quiet and letting sleeping dogs lie is a better strategy. It is impossible to advise you more accurately without knowing the full facts of your situation.

Feel free to contact my office for a non-binding consultation.

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Answered on 2/23/09, 4:53 pm


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