had DUI related single car accident in 2001. I was released to the hospital and never recvd notification of charges.

Question

I had a DUI related single car accident in 2001. I was released to the hospital and never received notification of charges in the 24 years that I have lived in San Francisco since the accident. I hired bondsman at 5, 10 and 15 year increments to find my case and it was never located. We checked the 3 closest counties each time to no avail. Only recently at the end of April of this year when I engaged with law enforcement to file a police report due to a burglary was I informed of the bench warrant. This was confirmed and a court date of May 28 was set. I am just trying to gather as much information as I can in the hopes of having the case dismissed or pled down to a lessor charge. The DUI is listed as a misdemeanor with a $2500 bail amount,

James L. Arrasmith · Answer

Based on the information you've provided, it appears that you were involved in a DUI-related single-car accident in 2001 in California. After being released to the hospital, you did not receive any notification of the charges against you. Despite your efforts to locate the case through a bondsman at 5, 10, and 15-year intervals, the case was not found in the three closest counties. 
 
Recently, when filing a police report for a burglary, you were informed of a bench warrant related to the 2001 DUI case. A court date has been set for May 28, and the DUI is listed as a misdemeanor with a $2,500 bail amount. 
 
Given the unusual circumstances and the significant time that has passed since the incident, you may have a few potential avenues to explore: 
 
1. Statute of Limitations: In California, the statute of limitations for most misdemeanors is one year from the date of the offense. However, if charges were filed within that year, the statute of limitations may not apply. Consult with a criminal defense attorney to determine if this is applicable in your case. 
 
2. Speedy Trial Rights: Under the Sixth Amendment of the U.S. Constitution and the California Constitution, you have the right to a speedy trial. The lengthy delay in your case may be a violation of this right. An attorney can help you assess whether this argument can be used in your defense. 
 
3. Plea Bargaining: Your attorney may be able to negotiate with the prosecutor for a plea deal, which could result in reduced charges or a more lenient sentence, considering the unique circumstances of your case. 
 
4. Dismissal: In some cases, courts may dismiss charges due to the lack of timely prosecution or if the delay has prejudiced your ability to defend yourself. Your attorney can evaluate whether this is a viable option in your case. 
 
It is essential to consult with a criminal defense attorney who has experience handling DUI cases in California. They can review the specific details of your case, advise you on the best course of action, and represent your interests in court.

Q: had DUI related single car accident in 2001. I was released to the hospital and never recvd notification of charges.