The Inspector then presents the case to the District Attorney, who must decide what formal charges, if any, to file against the suspect for prosecution. If the DA decides to press charges against the suspect, the suspect is then arraigned and a preliminary hearing is held in Municipal Court.
[1] • There is no statutory standard to be used by the District Attorney for filing charges against a suspect arrested by the Police Department. However, the San Francisco District Attorney"s Office does operate under charging standards established by the California District Attorney"s Association.
Other California District Attorney"s Offices apply a less rigorous standard in making the determination whether or not to file charges. As such, as a policy decision, the District Attorney may wish to consider establishing a more flexible policy for accepting cases for prosecution.
As such, the DA may not be prosecuting some cases that perhaps could be prosecuted if additional time were provided in order to expand the investigation, develop the case and collect additional evidence and information.