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Why Are Criminal Cases Not Being Filed Right Away In Los Angeles County?

Posted by Ronald D. Hedding, ESQ. | Oct 10, 2018

One thing people can't understand, and I have to explain it to them all the time, is that they'll get arrested for a crime, they'll post bail on the case, and then the case will be set for them to appear approximately thirty days away in one of the Los Angeles courthouses, depending on which court has jurisdiction on it.

Then, the case will be sent by the police to the prosecutors. They will be the ones deciding what is filed and when it's filed, as far as a criminal case goes. Still, often, we'll call and inform the prosecutors that we represent you in a case. The prosecutors won't have a record of the case, so we won't be able to discuss it with them. This is because the police haven't given them the information, and until they input it into their computer system, they won't be able to access it. It doesn't exist for them.

That's why people get a little upset and don't get it. The bottom line is the police are busy. Depending on what type of case it is, such as a drug case, sometimes it takes them some time to get to it. For example, if they know the person bailed out, it will take thirty days for the person to appear in court; they know they've thirty days to get that case to the prosecutors.

So, we can call a week before the court, and it cannot be found. Again, clients get mad because they can't figure out what's going on, and that's just because the police didn't get the paperwork in time.

Another thing is that if you really want to get upset, we often go to court, wait for hours sometimes, and they don't file anything, which then frustrates the clients. Why didn't they file it? What's going on? And again, it's the police not getting it to the prosecutors.

Sometimes, the police bring it to the prosecutors on the day of court, which causes a big problem because now the prosecutor has a stack of cases coming in on that day. So, they have to go through it, and sometimes they review it and tell the police, 'You didn't conduct a proper investigation here.' ' You didn't do what you were supposed to. I'm not filing this case, so the case gets continued.

Further investigation is needed. Sometimes, a case will be outright rejected. Then it will be up to the police to decide whether they will conduct the necessary investigation to have the case filed.

But, in the meantime, someone has posted bail. I see it happen all the time, and I don't think it's fair. Let's say you post a $50,000.00 bail. You go to court with your attorney. They file nothing. They're all secretive about it. They're not telling you why they're not filing anything.

Sometimes it is for further investigation, which means the police need more time to gather evidence or conduct interviews. Sometimes, there are various reasons why they don't file it right away. Then, you receive a proof of appearance, which confirms that you showed up – that's what we provide for the client – and we leave. Then, three months later, they file it, come and arrest you, and now you have to post another bail.

That's ridiculous, but that happens all the time in Los Angeles County. It's not fair. It's not justice. In that scenario, the best option is to have an attorney, as they will be available to assist you. The attorney can call to check if the case has been filed. Often, they'll send you a letter in the mail, so you must be alert for it, which will inform you that the case has been filed and when to appear in court. As I mentioned, sometimes they simply continue the case for a couple of weeks to give themselves more time. Then you come in those two weeks, and they file the case.

So, when it comes to these scenarios as to when the prosecutors are going to file the case, how long it's going to take, you really have to coordinate things through your criminal defense attorney. As your attorney, we call all the time about the cases.

We keep track of notes on who we've called, when we called, and with whom we spoke. If they file it and don't inform anyone about it, and they come to arrest you, obviously, the family or you call to let us know that the case has been filed, and we proceed to court to deal with the case. We are here to guide you through this complex process and ensure your rights are protected.

It shouldn't be that way, but it's because when it comes to criminal offenses, Los Angeles is a huge city – a huge metropolis, with a giant DA's office – it's a big bureaucratic machine that moves cases in and out, and sometimes mistakes are made. These mistakes could range from a delay in filing the case to a lack of thorough investigation. However, as a defense attorney, I must anticipate that they will make a mistake and be prepared to counter it, thereby protecting my client's rights, freedom, reputation, and criminal record.

About the Author

Ronald D. Hedding, ESQ.
Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.

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