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DA Failed to File Accusation Timely

On August 4, 2022, Carlos Alberto Mejia was arrested for a traffic accident that occurred in Oconee County on Ga. Hwy 316. Mr. Mejia was charged with (1) Driving Under the Influence, (2) Hut and Run, (3) Following Too Closely, and (4) Open Container.

On July 27, 2023, a court notice was scheduled for Mr. Mejia to be arraigned on August 21, 2023. However, the arraignment had to be continued due to the failure of the District Attorney’s Office to file an appropriate accusation regarding Mr. Majia’s charges.

On September 8, 2023, another court notice was scheduled for Mr. Mejia to be arraigned on October 2, 2023. Due to the failure of the District Attorney’s Office to timely file the accusation, the case was was dismissed by the District Attorney’s Office on October 2, 2023.

A Motion was filed by the victim of the car accident on October 5, 2023 based on the District Attorney’s Office failing to comply with Marcy’s Law. A hearing was held before the Honorable Eric W. Norris. on November 1, 2023. At that time, DA Gonzalez testified that she as prepared to prosecute the case, but lacked general knowledge regarding the underlying accident. Other testimony from an intern attorney showed that the accusation had been started, but could not be completed because he needed assistance which apparently was not timely provided by DA Gonzalez.

Although the Court has not yet issued a ruling on the alleged Marsy’s law violation, the testimony and evidence at trial indicate that the victim was not provided proper notice of the pending dismissal of the case in violation of the victim’s constitutional rights. Furthermore, the District Attorney’s Office clearly failed to diligently prosecute the case.

In an effort to correct her errors, DA Gonzalez arranged for Mr. Mejia to be re-charged with the same offenses on October 19, 2023. It appears the bench warrants issued on October 19, 2023 remain outstanding and Mr. Mejia is free-at-large.

Transcript from Hearing on Marsy’s Law Violation – Nov. 1, 2023

Just a few months after the accident, Mr. Mejia was arrested again in Athens-Clarke County for (1) Driving Under the Influence, (2) Improper Parking, (3) No License on Person, and (4) Open Container. That case remains pending in Athens-Clarke County State Court, Case No. ST-23-CR-0512.

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