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i was told i would have a court date but was never schedule can i have charges drop

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michdba

Junior Member
I was arrest in new mexico on a distribution charge and bonded out. I was told by the court that I would have a hearing in sixty days however I have not had a court date scheduled by the court can I file to have the charges dismissedWhat is the name of your state (only U.S. law)?
 


outonbail

Senior Member
I was arrest in new mexico on a distribution charge and bonded out. I was told by the court that I would have a hearing in sixty days however I have not had a court date scheduled by the court can I file to have the charges dismissedWhat is the name of your state (only U.S. law)?
If you haven't been scheduled to appear on these charges, they may not have been filed yet. So if there are no charges currently filed, there is nothing to drop.

The state has at least a year to file formal charges. Also, depending on the quantity of whatever substance you were caught with, the state could have handed them case file over to the federal authorities to see if they want to prosecute you, rather than doing so at the state level.

If you posted bail through a bail bond agency, I would advise you to make sure the bond remains active for at least a year. If you go to court wanting to have it exonerated, or the court chooses to exonerate it because no formal charges have been filed and then the state does decide to file charges, you would be taken into custody again and have to pay the 10 or 15% fee for a bail bond all over again, as the current bond would no longer be in place.

I've seen this happen several times here in Southern California. I have to wonder if this isn't a designed way for the police to break a suspects financial means, so they end up with less money available to pay for their defense?
 

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