how to get district attorney to pursue charges here in california

How does the District Attorney's Office decide to file charges?

The police send the paperwork to the prosecutors, and the day they come to court, the prosecutors decide while they've got the person there. If the person bails out of jail, there are a 30 days time frame before the person will be ordered into court. The police know they have to get the paperwork to the prosecutor within the 30 days time frame ...

What is a district attorney?

* If the suspect is in custody, the district attorney in California has 48 hours (not counting weekends) to file charges or the suspect will be set free. Sometimes the DA will fail to make a decision within this time frame for the legitimate reason that he or she sees the need to strengthen the case with more investigation before filing charges.

What are the powers of a district attorney in California?

The District Attorney's (or "DA's") Office or the police ; Plea agreements Most domestic violence cases do not go to trial. Usually, there is a plea agreement. This means the DA's Office, the defense attorney, and the defendant agree on the charges and the conditions of the sentence. Charges may be reduced or dismissed during the plea agreement ...

How do I contact the district attorney for a criminal case?

Mar 02, 2022 · The district attorney in Fresno, California says no criminal charges will be filed in connection with a Brown Act investigation tied to the Granite Park …

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

Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. 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 does a district attorney do in California?

The District Attorney (DA) is a constitutionally elected county official. The District Attorney is responsible for the prosecution of criminal violations of state law and county ordinances occurring within a county under California Government Code Section 26500.

Which factors influence a prosecutor's decision to bring charges against a defendant?

The decision to prosecute is based on the following factors:The sufficiency of the evidence linking the suspect to the offense.The seriousness of the offense.The size of the court's caseload.The need to conserve prosecutorial resources for more serious cases.The availability of alternatives to formal prosecution.More items...

What evidence do the police need to charge you?

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.Oct 12, 2020

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

How do I file a complaint against a district attorney in California?

Filing an attorney complaint You may also call the State Bar's multilingual intake hotline at 800-843-9053 (in California) or 213-765-1200 (outside California) to request a complaint form or discuss the complaint-filing process.

Who prosecutes misdemeanors in California?

Ten cities, including Los Angeles, Long Beach, Santa Monica and Pasadena, have city prosecutors who handle misdemeanor crimes and municipal code violations that occur within their jurisdictions. Deputy district attorneys are prosecutors who represent the people of the State of California.

What is an example of prosecutor?

The definition of a prosecutor is a lawyer who represents the people and who works for some type of government body, such as a District Attorney's office. A lawyer who takes legal action against someone accused of murder is an example of a prosecutor. A person who institutes a prosecution in court.

What facts may the prosecutor consider when deciding what charges to file?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

Is prosecutorial discretion good or bad?

Why Good Prosecutors Use Their Discretion A sensible prosecutor will use discretion because: The prosecution has the burden of proving guilt beyond a reasonable doubt. If there's not enough evidence, the case may be withdrawn, or other charges could be brought. It can make the judicial system more efficient.May 13, 2021

Which of the following is the most important factor in deciding whether to prosecute a suspect?

The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.