I was arrested for First degree domestic violence in January 2020. Neither myself or my boyfriend wanted to press charges and neither of us were hurt during the arrest, but due to the 0 tolerance law someone went to the jail and they chose me as primary aggressor. They called him recently and he maintained that he did not want to press charges and was not hurt. I’ve been awaiting Pretrial hearing but see on my docket they issued a DA denial a week or two ago. There are no other charges other than that against me. The first time it was postponed was I believe because they didn’t even have discovery, and this time it was postponed because of coronavirus, however I think this case still is deemed essential. Do you think they might reverse the DA denial and that’s why they keep postponing? There isn’t a ton of information on DA denial online so I’m asking here. Thank you very much.
The statute of limitation for a misdemeanor dv 1st is one year from date of incident. Da can always refile during that time, but not often. You need to seal your record asap as well so this arrested and case doesn't keep showing up.
The DA could change their mind any time before the expiration of the statute of limitations and bring charges against you. It is highly unlikely in the absence of new evidence or charges against you.
