Often times a suspect who is arrested on a misdemeanor or felony case will bail out from the local jail. Usually, the jail will give the suspect a court hearing date in which they are to appear. Depending on the seriousness of the charge, the suspect will appear in court only to find out that no case has been filed. I have been contacted by numerous suspects who mistakingly believe that their criminal matter was dismissed. There is a difference between not filing a criminal case within the statutory time-line, a criminal case sent back for further investigation and a case being outright rejected. Generally, unless the clerk at the prosecuting agency’s front desk tells you specifically that the case is a “D.A. reject,” then the case and its investigation is still ongoing.
Errol Cook, Esq.