District attorneys in California have tremendous power to impact the lives of millions of people, their families, and entire communities. If someone is accused of committing a crime, it is not the police but the DA who has the sole power to decide if criminal charges are filed and the severity of those charges.
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.
A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.
Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.
While it might not hurt to let the prosecutor know how you feel, the prosecutor cannot dismiss the charges without additional justification. A prosecutor can only drop charges with the approval of the judge. The judge will require more than the victim's wishes to allow the prosecutor to dismiss criminal charges.
As for what is a grand jury dismissal, that occurs when a grand jury is convened to consider indictment on a charge, and it's determined that the case isn't strong enough. The grand jury then can dismiss or "no-bill" the charge, or the prosecutor can dismiss it.
In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.
District attorneys are either elected by the local constituents they represent or appointed by the chief executive of the jurisdiction. Except for the District of Columbia and three states—Connecticut, New Jersey, and Alaska—other 47 states across the country elect their District Attorneys.
93 United States AttorneysThere are currently 93 United States Attorneys: one for each of the 94 federal judicial districts, except for Guam and the Northern Marianas, where a single U.S. Attorney serves both districts. In addition to their main offices, many U.S. Attorneys maintain smaller satellite offices throughout their districts.
Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.
Prosecutors face a myriad of challenges that can influence their decisionmaking and performance. These challenges include persistent problems with inadequate resources, staff retention, and accountability, as well as contemporary issues related to changing technology and case law.
Are You A Target Or Are You A Subject? The Department of Justice customarily sends target letters to individuals who are the target of a grand jury investigation and to those who are the subject of a grand jury investigation.