Can A Citation Be Re-issue again, even if the DA declined to file charges?
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Can A Citation Be Re-issue again, even if the DA declined to file charges?
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My wife got issued a citation back in Oct 08 for a minor charge, she supposed to go to court 12/23/08, but her case was never available online; we decided to call the PD of that City and they told us they pass the info to the County's DA, we called the County's DA and they told us the DA declined to file criminal charges and they even sent us a letter, and the clerk told us she didnt have to go to court.
We just got a citation directly from the PD of that city saying that her original court date is been changed from the previous date to June '09.
Can they do this? Cuz now her case is actually online on the County's website.
Additional Details
This is what the citation says online:
"USE/UNDER INFLUENCE OF CONTROLLED SUBSTANCES"
And is listed as a minor
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David L
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Sometimes the prosecutor can refuse to file due to lack of evidence, or sufficient evidence. however, if more evidence if found, then yes, it can be refiled and yes you will hve to go to court. Get a lawyer. |
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Drew
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That's a little sticky. It first depends on the Statute of Limitations for the particular offense. It is true a D.A. may not take a case due to not enough evidence at the time, but the detectives then have the chance to look for more (Chris Brown vs Rhianna).
What is the actual citation for. |
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Texas Star
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1. No, you can't get a 'free' attorney for this minor charge. It's like a traffic citation and you are not entitled to an attorney.
2. Yes, the PD can refile the case since it was never filed. That occurs sometimes when the DA doesn't get enough info to make a determination of the validity of the offense.
3. Just pay the fine. It's minor and nothing serious. Have her contact the court and make payment arrangements. That'll be the easiest resolution. |
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Chuck
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Six weeks ago, I was issued a leash law violation (infraction) in the state of California. I was told I would be receiving something from the court, nothing ever arrived, so I contacted the Animal control people, they're saying that the original citation was sent back to them from the court, not sure why but that is what they're saying. Now the writing officer says he wants to come to my house, issue another citation and take back the first one. (???) 6 weeks have gone by, the case is closed, I was told he had 20 days to close it, the 20 days would be over now. My dog did get into a altercation with another dog, but everything is fine now. Any thoughts? I feel really at odd having this officer to my house, giving him back the original citation and then signing another one. Any thoughts? |
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