Criminal Defense Q&A: I Received a Citation for Shoplifting and My Arraignment Is Coming Up—Why Hasn’t the D.A. Filed Charges Yet?

Question:

I got caught shoplifting, the police were called, and they gave me a citation for misdemeanor. They didn’t take my prints or photograph. This was a first-time offense (I’ve never even had a traffic infraction), so I don’t know anything about these things. I didn’t have any identification with me at the time, so I just told them my name, birth date, and address. This was 3 weeks ago, and I still haven’t gotten any summons in the mail. I check the court website religiously, and my case still don’t show up up to this day. I called the police department, and they said they sent the case over to the DA. I tried calling the court clerk a week ago and when I told them my case number, they said there is no case like that in their system. Is it normal for a first offense to not show up on the court website before the arraignment date? What should I do?

Answer:

For misdemeanor shoplifting, the District Attorney’s Office has up to one year to decide whether or not to file criminal charges against you. Penal Code 802(a), 459.5.

After receiving a police report from law enforcement, prosecutors may not immediately file charges for various reasons: there may be insufficient evidence to prosecute, more police investigation may be required, or the D.A.’s are simply experiencing a backlog.

Once the D.A. files charges, your matter will be assigned a criminal court case number (which you should be able to use to access your case on the Court’s website). Until that happens, the court clerk will be unable to locate your case using the identification number on your citation.

Your are required to come to Court for your arraignment. If you have not been contacted by the D.A.’s Office yet, then, on the date of your court appearance, you can check in with the criminal court clerk’s office and ask which courtroom your case has been assigned to. They should be able to direct you based on your name and date of birth. But bring your citation with you just in case you need it to prove that you have an arraignment scheduled that day.

Even if no charges are filed against you by your arraignment date, it is still important to also check in with the District Attorney’s Office (there should be a branch office located within your courthouse) and let them know that you complied with the citation and showed up to your arraignment.

The D.A.’s Office should provide you with a piece of paper (also known as a “Case Information Sheet”) that simultaneously documents your appearance and informs you of the next steps in the process.

Read other criminal defense attorney answers at Avvo: I Received a Citation for Shoplifting and My Arraignment Is Coming Up—Why Hasn’t the D.A. Filed Charges Yet?