how can the district attorney press charges without an arrest california

by Walter Volkman Published 2 years ago Updated 1 year ago 7 min read

The district attorney will file charges against you; The district attorney will decide to end the investigation with no charges; or The prosecution will request the police agency to conduct further investigation and then return the matter to the district attorney for their review and decision.

Full Answer

Can a district attorney press charges for a domestic violence charge?

According to staff from the District Attorney"s Offices in Alameda and San Mateo Counties, the charging standards established by the California District Attorney"s Association and a second publication, the Uniform Crime Charging Manual, are generally interpreted to mean that, at the point at which the DA files charges, the DA must personally believe in the guilt of the suspect …

How does the California district attorney decide whether to file charges?

But the district attorney can still press charges against the defendant for the domestic violence crime. Some counties call the district attorney a "prosecuting city attorney" or "PA." This website uses the term "DA" to mean both. Felony or misdemeanor A felony is more serious than a misdemeanor. A person convicted of a felony can go to prison or jail. For a misdemeanor …

Can a district attorney file charges against a suspect arrested by police?

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Can police press charges if victim doesn’t press charges?

When the police arrest someone (the defendant), they take him or her to jail. Then, 1 of 3 things happens: • The defendant is released if the prosecutor (usually the district attorney or the city attorney) decides not to file charges; or. • The defendant posts bail (also called a “bond”) or is released based on a promise to appear in ...

How long does the DA have to file charges in California?

For most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed. If the crime is a felony, the prosecution generally has three years to file charges from the date the offense was allegedly committed.

How does pressing charges work in California?

It simply means that a case can be filed over even the strong objection of the victim of the alleged crime. The victim's wishes can, particularly in certain types of cases, have a significant impact on the reviewing prosecutor's decision-making process. Consider the following example.

Can you be charged without someone pressing charges?

In a case of domestic violence or assault, for instance, even if the victim doesn't want to "press charges," the prosecutor can still decide to proceed without the victim's cooperation. Prosecutors can use their subpoena power to force a victim to testify.

Can police press charges without my consent?

The police do not require the victim's consent to press charges. However, if the victim is no longer willing to give evidence, the CPS can run into difficulties during the prosecution if the alleged victim becomes what is known as a 'hostile witness'.

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

What is California battery?

California law defines battery under Penal Code section 242 as willful or unlawful force or violence used on another person. Misdemeanor battery, also known as traditional “simple” battery, may be punished by a fine not exceeding $2,000 dollars, and/or by imprisonment in jail for a maximum of six months.

Can police prosecute if victim doesn't press charges California?

The short answer is, yes, the police can make arrest you and refer the matter to the state for charges despite the alleged victim's wishes.Nov 10, 2020

What evidence do CPS need to charge?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Mar 14, 2022

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What is the purpose of Clares law?

Clare's Law, often known officially as a Domestic Violence Disclosure Scheme or similar, designates several ways for police officers to disclose a person's history of abusive behaviour to those who may be at risk from such behaviour. It is intended to reduce intimate partner violence.

How do you drop charges on someone?

To drop charges against someone, begin by meeting with the prosecutor for the court case and telling them that you don't want to press charges, since it's ultimately their decision.

What does refused Charge mean police?

The Refused Charge Book is used for specific charges made by the police or private persons and where the charge is subsequently dropped. It has been stated elsewhere that these books can provide evidence of divisional boundary changes implemented at various times.

Who can decide whether to drop charges?

District Attorney’s Office. Only the district attorney (also called the "DA") can decide whether to "press" or "drop" criminal charges. The victim of a crime cannot press or drop charges. The DA's Office will either file ("press") charges or reject the case based on the facts in the police report.

What happens if a victim does not cooperate with the DA?

But if the victim does not cooperate, the DA can still prosecute the abusive person. If the victim does not want there to be a criminal restraining order, he or she can explain to the district attorney why he or she believes it would be best, given the circumstances, not to pursue a criminal restraining order.

How to get a victim notification?

You must ask for notification in writing. To do that, get the Request for Victim Services CDCR Form 1707 or call 1-877-256-6877. You can also get this form (the Request for Victim Services, CDCR Form 1707) from your local victim witness assistance center.

What happens if a defendant does not report to the court?

If the defendant does not report to the court, the police will try to find him or her. That could take some time. Bail. The victim has the right to ask for an increase in bail. The judge must set the defendant's bail within 8 hours after that person is booked into custody.

How to get a permanent order?

To get a more permanent order, you must ask the court for a temporary restraining order ( also called a "TRO"). Review the section on Restraining Orders to find out what type of restraining order you need. Make a Report.

How long can you go to jail for a misdemeanor?

For a misdemeanor conviction, the maximum sentence is 1 year in jail.

When do police take pictures of injuries?

The police may take photos of injuries when they take a report. Or they may take pictures days later since bruises often appear hours or days after an incident.

What happens when the police arrest someone?

What does the prosecutor decide?

2. The prosecutor then decides whether to file charges and, if so, what charges to file. The prosecutor decides whether to charge the crime as a felony or a misdemeanor. The prosecutor can file charges on all of the crimes for which the police arrested the defendant or can decide to file fewer charges or more charges than were included in ...

Why is it important for a defendant to have a lawyer?

This is because lawyers are required by law to protect the identity of witnesses while still preparing a defense so that the witnesses are not put in jeopardy. This is why it is so important that a defendant charged with a misdemeanor or felony be represented by a lawyer.

How long does it take to get information from a court?

The prosecutor must file the Information within 15 days of the date the defendant was “held to answer” at the preliminary hearing. The trial must start within 60 days of the arraignment on the Information. The defendant can “waive” (give up) the right to a speedy trial.

How long does it take for a misdemeanor to be tried?

(See section 1382 of the Penal Code). If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later.

How long does it take for a defendant to waive time?

But even if the defendant waives time, the law says the trial must start within 10 days after the trial date is set. It is very important for defendants to get advice from an attorney before they waive time.

What is the first time a defendant appears in court?

The Arraignment . The arraignment is the first time the defendant appears in court. At the arraignment, the judge tells the defendant: • What the charges are, • What his or her constitutional rights are, and. • That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge.

What to do if you are facing criminal charges in California?

If you are facing criminal charges in California, it is important to understand the criminal process. If you have been accused of a crime but have not yet been charged, or have other questions more specific to your particular case, it is imperative that you speak to a criminal defense attorney right away.

What happens if the police have not turned over their information to the prosecutor?

If the police have yet to turn over their information to the prosecutor, your attorney can present your side of the story to the police so that the police reports accurately represent the facts in your defense.

How long does it take for a prosecutor to file a case?

For most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed.

Why do you need an attorney?

For these reasons, it is crucial that you have an experienced attorney on your side, either to convince the prosecutor to not pursue your case, or to consider lesser charges. For example, the attorney might be able to persuade the prosecutor to charge the crime as a misdemeanor rather than a felony.

How can an attorney save you money?

He or she can potentially save you hundreds of dollars by arguing for a reduction in bail. A defendant in custody on criminal charges has the right to reasonable bail. The court may allow the bail hearing to take place during the arraignment, or require the attorney to file a formal motion and notify the prosecutor of your intent to seek a bail reduction. The prosecutor will have the option to contest the reduction.

What does it mean to be arrested?

An arrest involves taking a person into custody for the purpose of holding the suspect until their case is heard in court. The police must have probable cause to arrest you, which means that the police have a reasonable belief that you committed a particular crime.

What is a pre-filing investigation?

A pre-filing investigation generally involves a law enforcement agency analyzing and scrutinizing the facts of your case to determine whether the police agency can recommend that prosecutors file charges against you. During this time, the police may question you or witnesses in the case, or even conduct a search of your property.

What happens if a prosecutor refuses to file charges?

If prosecutors decline to file charges within the 48-hour time frame, then the person will be released from jail. Given their ethical duty and this small window of time, prosecutors sometimes reject cases, asking police to conduct further investigation before they agree to formally file charges.

When do prosecutors have to decide if a person is in jail?

And when a person is arrested and taken to jail, prosecutors must decide whether charges are warranted within 48 hours of the arrest, excluding weekends and holidays. [i] This means that if a person is arrested and taken into custody on Monday, prosecutors must file charges against him by Wednesday.

Why is pre-filing not a crime?

This is because each decision – the decision to arrest and the decision to file charges – is made by a different authority. Police arrest someone when they believe that he has committed a crime.

When do police arrest people?

Police arrest someone when they believe that he has committed a crime. But only the District Attorney’s Office can file charges against someone. Prosecutors have a duty to only file charges when they believe that the evidence is strong enough to secure a unanimous guilty verdict from a jury (that is, 12 random people from the community).

Is a case closed if it is rejected?

But having your case rejected and being released from jail doesn’t mean that your case is closed. This is because, depending on the crime, prosecutors may have one or several years to ultimately decide whether to file charges. This extended time frame is known as the statute of limitations, and it varies from crime to crime. [ii] So, even if a person is released after he is arrested, his case is never truly closed until the statute of limitations on his alleged crime expires.

How long does a district attorney have to file a case against me?

However, for a misdemeanor crime, the statute of limitations or the time limit within which the district attorney MUST file charges, is one year from the date of arrest.

What to do if you think charges are filed against you?

If you think charges may be filed against you, it is best to see an experienced criminal defense lawyer immediately. There are instances where prompt investigation and intervention can either lessen the severity of the charges filed or even result in the case not being filed in the first place.

How long does a felony have to be in court?

For example the statute of limitations for fraud is 4 years from the discovery of the fraud. In a serious felony the time frame can be much longer than 4 years and for the most serious of crimes, murder, there is no statute of limitations.

How long does it take to go to jail for a felony?

Generally it is 3 years from the date of arrest but there are many exceptions.

Can a felony be filed in a timely manner?

There are many reasons that the charges may not be filed in a timely manner by the prosecutor’s office, but unless a year has passed you are still subject to having charges filed against you unless they are formally dismissed by the district attorney’s office. For a felony, which is a serious crime that carries a penalty ...

Why do police not press charges?

The police have a warrant to arrest a victim that does not appear in court. Not pressing charges by victims is very common in cases of domestic violence. Most times, the reason may be that the victim is being threatened or intimidated by the defendant, or maybe the victim may feel he or she has a lot to lose or if she presses the charges ...

What happens if a victim doesn't press charges?

However, can Police press charges if victim doesn’t? In reality, whether the victim presses charges or not, the police can investigate the matter and even take the suspect into their custody. From there, the prosecutor will take it up and can decide to charge the suspect with the crime.

What is the difference between a prosecutor and a defendant?

A prosecutor refers to the lawyer who appears in court to solicit for a judgment that someone is guilty of an offense or crime. A defendant, on the other hand, refers to the person accused of a crime or offense. It is the prosecutor that stands against the defendant charged in courts. After the victim of the crime has reported to the police and ...

What is probable cause?

Probable cause is a belief beyond all doubt that a crime has taken place, and that the person about to be arrested committed the crime. In a case where the offender has left the crime scene, the police must get an arrest warrant from a judge or grand jury.

What does it mean when a police officer is laying charges?

In laying a charge, the police will consider if there is sufficient evidence to serve as a basis for the case in court. The argument is invalid if there is no solid proof of the fact, but in cases such as domestic violence or assault murder or rape, the police can lay charges whether the victim wants it or not.

How to establish probable cause?

Creating a probable cause by the police can be established with the following; Statement of the Victim. Statement and reactions of the people around the crime scene that will serve as witnesses. A physical injury on the victim. Physical traces of the incident at the crime scene. Lastly, and if possible, the statements of the accuser of the crime. ...

What does "victim has little or no say in a reported case" mean?

In other words, a victim has little or no say in a reported case. It only lies with the prose cutor. The victim cannot determine what later happens with the case any longer. Whatever the victim had said might be used as evidence in the court of law.

Why is a felony warrant considered a serious charge?

A felony warrant is just a more serious warrant because it’s a felony charge. Most of the time, people could potentially face prison time on these charges. The police are a lot more likely to go out and find someone who has a felony warrant because they perceive that person as more dangerous.

How long does it take for a police case to be filed?

Sometimes, they may be investigating a serious case and it could take the police weeks or months to get the paperwork to the prosecutors.

How does a warrant work?

Once a warrant is issued, it goes into a database that police use to track whether people have warrants and check people’s criminal records. Depending on how serious the particular case is, the police can then assign officers to try to find the person who has the warrant.

What to do if you think there is a warrant?

If you think there’s a case against you, contact an attorney. An attorney can check to see if there’s a warrant out for you. It’s probably not a good idea for you to do try to find out yourself, because if you’re going to the police or the courthouse and there is a warrant out for your arrest, you run the risk that you will be arrested.

Can prosecutors file lesser charges?

There might be another story that the prosecutors don’t have, that they can consider. If we can provide that to the prosecutors, they may choose not to file charges or to file a lesser charge.

Can a prosecutor review a case?

Other circumstances where prosecutors are reviewing cases is if they can’t find the person and now the police want a warrant issued for their arrest. They can go to the prosecutors, have the prosecutors review the case, file the case, and then the police can put a warrant into the system for that person’s arrest.

Can a criminal defense attorney prevent charges from being filed?

Can your criminal defense attorney prevent charges from being filed? Under the right circumstances, your attorney may be able to present, to the prosecutor who’s going to make the decision whether to file the case, evidence that they do not have.