Q: Misdemeanor Ticket for Court Visitation Order Violation?

A: It is possible that the DA's office may not file charges by 12/18. They have a year from the date of a misdemeanor incident to do so and are not required to file on or before the court date shown on your police citation. Nonetheless, if you do not show up in court on the 18th, or hire a lawyer to appear for you, a warrant is likely to be issued for your arrest. You are by no means legally required to help or remind law enforcement to file charges against you, and you would be wise to exercise your Fifth Amendment right to remain silent, hire a lawyer to represent you, and avoid further contact with police or other law enforcement. Good Luck.

A: Typically, a misdemeanor case is transferred from the police department to the court within a few days to a couple of weeks before the scheduled hearing. This process can vary depending on the jurisdiction and the court's workload. In your situation, since you received the ticket on November 23rd and the hearing is on December 18th, there should generally be enough time for the transfer to occur.

However, delays can happen for various reasons, such as administrative backlogs or errors in processing. It's possible that the police department has not yet completed the transfer by December 18th, which might affect your ability to present your evidence on that date. To avoid any potential issues, continue to communicate with both the police department and the court to ensure your case is properly filed and that your court appearance is confirmed.

In the meantime, gather all relevant documentation and evidence that supports your claim of not violating the visitation order. You might also consider reaching out to a legal professional for guidance on how to proceed if the case is not transferred in time. Staying proactive will help you navigate the situation more effectively and ensure that your rights are protected.