The most significant problem that is created if a case is not filed timely with the court is that if a defendant is unaware of a case being filed late, and does not show up to court, then a warrant or failure to appear charge, etc., plus a DMV hold on the defendant’s drivers license, will occur. This does not seem fair, but I see it happen all the time in Orange County Justice Centers. Of course, it never happens on my watch on my clients’ cases because I am too diligent. I check the status of my clients’ cases on a regular basis, even weekly. This way my clients can forget about the case until I inform them that it has been filed, or, after one year, that it has been virtually rejected by the prosecuting agency and dismissed.
However, if you receive any letter or notice of your case from the police or other law enforcement agency, the court, or the prosecutor, etc. be sure to take timely action to avoid a warrant, a civil assessment, or a failure to appear charge. These things can cause a suspension on your drivers license.
You can trust attorney David Dastrup to keep an eye on your case for one year for a single flat fee, regardless of whether the case takes a year or not. We have a track record of diligently appearing at the Los Angeles Court Clerk's Office to make sure our clients avoid failures to appear and warrants for arrest. Get protection, get a professional.
What do you do when the court clerk tells you that your case has not been filed, that your ticket is not in the system, that your name is not on the court's calendar or docket, and that you need to come back and check again later?
Believe it or not, it is not too uncommon for a traffic ticket in Long Beach Governor George Deukmejian Courthouse or a criminal case in Westminster West Justice Center to not be filed with the court. This happens from time to time in every court, whether Metropolitan Courthouse in Los Angeles, or Central Justice Center in Orange County.
The real concern is that a warrant is not issued or a failure to appear does not cause a hold on your driver's license. This could lead to a driving on a suspended license charge.
It is not normal for a case to not be filed by the appearance or due date, based on the ratio of tickets and criminal cases that are filed compared to those that are not filed. However, it is a regular occurrence that must be addressed to avoid a potential DMV hold (see explanation below). I have handled several dozen tickets like this that ultimately are never filed after one year. At that point, you can consider the case dismissed, because if it is filed too late, that can violate a statute of limitations and your constitutional right to a speedy trial.
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