DUI/DWI/Probation Violation

What is the name of your state? California
A friend was out on the CA CWP program, was violated for a DUI, BAC 0.07.
The PV case was dismissed, but the DUI still has not been filed as of Friday and the court date is Monday.
What happens nor?

Your friend show up for court and asks their attorney what's next. If there are still no charges filed, the matter might be tabled for now pending a future filing.

Is this pending court date on Monday the arraignment or something else?

- Carl

Its the date the police said to show up in court.

That's probably the arraignment. If there are no charges yet when your friend shows, they can still be forthcoming later.

Your friend should speak to an attorney prior to the hearing ... just in case.

- Carl

There is a good chance the Dep Dist Atty will decline to charge.

On Monday, if he's not on the criminal court calendar, he should ask the court clerk 'why; please can s/he check'; sometimes the clerk will check with the DA's office and can tell you if the filing was rejected or whether it is simply a late filing.

He may get a miss on prosecution.
In L.A. county, most .07s don't get filed (unless drugs are suspected or the driving was very erratic); there's too many .08 and over.

ughabugha

Also ask for Sheriff Baca to be there for you. (sorry pal Carl).

This is OC...Harbor Court

Orange is congested also, just appear at court and see if you can find out why it isn't filed - because of a backlog in Prosecutor's office, or because it was rejected.

Be polite & ask if they could kindly find out for you or point you in the right direction (the Prosecuotr's office). Bring the ticket with you.

... you'll only know on Monday morning if it's on calendar.

He went court, and it was still not on the docket for the day and as of today it has not been files. Left it up to his lawyer to take care of it. He did get a date stamp on the police form to show that he was there as requested.

What's next?