Criminal Trials, Hearings How long can it take to file criminal charges?

[Joelcan]

Hi, I have a relative who was arrested, booked and released on bail and a full investigation was initiated. This all happened in early March; it is eight months later, the relative is now living in a different state and the Los Angeles D.A. has still not filed any formal charges. Is this usual or unusual, and is there a chance charges could still be filed?

Thank you.

 

[bluemann33]

Hi, I have a relative who was arrested, booked and released on bail and a full investigation was initiated. This all happened in early March; it is eight months later, the relative is now living in a different state and the Los Angeles D.A. has still not filed any formal charges. Is this usual or unusual, and is there a chance charges could still be filed?

Thank you.

The da may not have filed charges yet because the da wants to make sure he/she has enough evidence to win the case. The da can file charges until the statute of limitation has run out. The statute varies from crime to crime with some crimes never running out. Good luck and hope this answered your question. One more thing, what was the arrest for? You would think if an arrest happened then charges would have been filed allowing the arrest.

 

[Joelcan]

The da may not have filed charges yet because the da wants to make sure he/she has enough evidence to win the case. The da can file charges until the statute of limitation has run out. The statute varies from crime to crime with some crimes never running out. Good luck and hope this answered your question. One more thing, what was the arrest for? You would think if an arrest happened then charges would have been filed allowing the arrest.

Hi and thanks. It's a tragic situation - she was pregnant, she says she didn't know she was and her newborn was found in a trashcan outside a friend's house where she was staying, so initially she was charged with murder, then released for lack of evidence at the time (she didn't have to post bail, I was wrong about that), but the D.A.'s office had insisted some kind of charges would eventually be filed.

 

[bluemann33]

Hi and thanks. It's a tragic situation - she was pregnant, she says she didn't know she was and her newborn was found in a trashcan outside a friend's house where she was staying, so initially she was charged with murder, then released for lack of evidence at the time (she didn't have to post bail, I was wrong about that), but the D.A.'s office had insisted some kind of charges would eventually be filed.

Murder is one of those that the statute will never run out. I suspect The DA is doing what i said in my first post and that is waiting till he/she thinks they have enough evidence to win the case. the da does not want to go to trial and lose because then she can't be retried.Your right that is tragic. Any type of known mental issues with her? Also tell her never to speak of this to noone but her attorney, nothing, nota word. Good luck.

 

[mightymoose]

It is not uncommon for the DA to delay filing charges after an arrest. In fact, it is much more frequent that a person is released after booking and the initial appearance and then re-arrested when the warrant is issued some time later.
This happens because the police only need probable cause to make the arrest, but the DA will want to make sure all available evidence is on hand before filing charges. The DA sends requests back to the police for them to gather whatever additional information the DA wants before proceeding.

This is not a case that will be forgotten or otherwise disappear. You can be assured a warrant will issue at some point and she will be brought back to answer to it.