A suspect who is arrested and post bail will almost always be given a 'Notice to Appear' date from the jail or bail agent. This 'Notice to Appear' is not a binding date on the prosecuting agency having jurisdiction over the case. In fact, it is often the case that no criminal case is filed on this date. It would be a mistake to presume that the case is dismissed because there is no filing. Many prosecuting agencies devote their time and prioritize the filing of in-custody cases first. Suspects on potential criminal cases are generally not a priority unless there is a continuing community safety issue. I have seen instances where it takes 4 to 6 months for a prosecuting agency to file a misdemeanor assault or DUI.
Errol Cook, Esq.
877-737-2004
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