Q: I was bonded out jail for public intoxication and charged with different charge of APC two month later? Why?
I went to jail for what I thought was a public intoxication. Was bonded out for that paid the bail went to court they said that no charges have been filed yet. I go back to check online to see if charge is it been filed a month later and yesterday they filed actual physical control of motor vehicle. This was filed 45 day after my arrest for “PI”. This can’t be legal. Can it?
A: Many times when the police arrest someone for a crime they have an idea of what statutes or ordinances have been violated. Often times it guesswork because they haven’t done their full investigation, maybe they haven’t talked to some witnesses or followed up on some evidence. They will list anticipated charges on a complaint and set bonds accordingly so you can gain your release from custody. The investigators will then follow up on the evidence, interview witnesses and otherwise continue the investigation. Once the investigation in completed they will then turn their files over to the district attorneys office or the city prosecutor. They will do an “intake” Where are these licensed attorneys will review the evidence and determine which charges are appropriate for filing. Many times charges listed in the complaint are dropped that you thought might be filed. Sometimes additional or different charges are approved and filed that you might not have anticipated. And Yes it’s entirely legal unfortunately.
2 users found this answer helpful
A:
Facing criminal charges is stressful and the criminal process is often confusing. Yes, this is legal. When you are arrested or cited, the officer decides what they believe they have probable cause to arrest you for during the incident. Then, the officer turns in his/her police reports to the prosecuting authority and a prosecutor/ attorney decides whether or not to file charges and what charges to file.
Criminal matter filing times are set by statute. Many charges can be filed years after an arrest or citation.
Andrea Worden
Worden & Carbitcher
wordenfirm.com
Tracy Tiernan agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
