No Charges Filed (Ncf) Vs. Rejected Cases
What happens if you get to your first court date and the case isn’t filed, but you’re ordered to return to court at a later date anyway? If your case isn’t “rejected” at the arraignment – in most cases due to a delay in receiving blood test results or the arrest report from law enforcement – your case will either be continued to a future date, or dropped for the time being. Over the years, I’ve seen some cases that are provable in my opinion, yet are rejected by the DA’s office, and vice-versa. But, the Statute of Limitations gives the DA’s Office up to one year to file charges in DUI cases. In my experience, if a misdemeanor DUI case is “rejected” at arraignment that is almost surely going to go away forever. However, there are exceptions to this rule.
In cases where the defendant is arrested for another DUI within the one-year statute of limitations on the first arrest, the DA may take another look at the first case and change their mind, which means the defendant may end up fighting two cases instead of one. In other instances, more evidence may come to the DA’s attention after a case has been rejected at arraignment. For example, the DA may not have realized there was blood drawn in addition to a breath test because the lab took more time to produce lab results. In cases where blood test comes back later in time and with a higher BAC, it’s possible the additional evidence may trigger a filing in a previously rejected case. So, “rejected” doesn’t equal “dismissed.”
I’ve handled cases over the years that appear to be completely defensible, yet the DA’s office refuses to dismiss the case. So, it’s also possible they DA’s Office will refuse to dismiss a case that really should be dismissed based upon the evidence, but it becomes necessary to put more pressure on their office by setting the case for trial. In cases like these where the defense is very strong, I communicate that fact early and clearly to the DA’s Office so my clients have the best chance to avoid spending more money on a jury trial. In some cases, the DA’s Office will be stubborn and wait until the first day of trial to dismiss a defensible case (Click to see Responsible Driver Gets Arrested for DUI).
3 years informal probation, 2 days jail (may be served on work project or Home Detention), $2500 fines and penalty assessments, and depending on your BAC, enroll and complete a 3, 6 or 9 month DUI Program licensed by the State of California.
The Sacramento DA’s Office has a relatively new sentencing policy regarding your BAC: For every point above .15% (high blood alcohol range or HBA), they’ll add 2 days to their offer.
The length of the First Offender Program the court orders will depend on your BAC:
BAC was below .15% – 3-month FOP
BAC between .15% and .19% – the 6-month HBA FOP
BAC at or above .20% – the 9-month HBA FOP
4 years informal probation, 10 days jail, work project or Home Detention (at least 4 days in jail must be served consecutively in custody at RCCC), $2500 fines and penalty assessments, attend and complete an 18-month Multiple Offender DUI Program (SB-38) licensed by the State of California.
5 years informal probation, 135 days in jail or Home Detention (120 days in the minimum by law – at least 6 days in jail must be served consecutively in custody at RCCC), $3000 fines and penalty assessments, attend and complete an 18-month Multiple Offender DUI Program (SB-38) licensed by the State of California, court will deem the defendant a Habitual Traffic Offender.
1st DUI causing Injury (VC section 23153)
Misdemeanor: 3 years informal probation, 5 days jail time, work project or Home Detention (most offers are between 45 days and 160 days), $3000 fines and penalty assessments, enroll and complete a 3, 6 or 9 month DUI Program licensed by the State of California.
Felony: In most cases where the defendant has no prior DUI convictions in their lifetime, the court will grant probation and the defendant will not be sent to prison. For more serious cases, or where there are prior DUI convictions (including a history of DUI convictions outside 10 years) prison sentences can be
5 years’ probation, between 180 days to 1 year in jail (50% credits are likely) or Home Detention, $3000 fines and penalty assessments, enroll and complete a 3, 6 or 9 month DUI Program licensed by the State of California.
The information provided here is general in nature and is not intended to answer every question that may arise in your particular case and therefore should not be relied on in the place of professional advice in a given case.
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