Legal Question in Criminal Law in California

It is not up to the alleged victim got "press" charges. That decision is exclusively the government's (via the prosecutor's office).

If the victim does not desire prosecution, that can be taken into accountm when they are deciding whether or not to charge you or to resolve the case.

As a Former Deputy District Attorney, with over 26 years of criminal law experience, you need to understand that criminal charges are brought by the State of California, via the District Attorney's Office or the City Attorney's Office, and NOT by any alleged victim. You should immediately contact an experienced criminal defense attorney, and go over all the facts. Many of us on LawGuru, offer free consultations, so you should really take advantage of that service we provide. I wish you well......start calling........David

CAN they charge you? Of course. On any charge they think they have evidence and can convict you. Whether you can be convicted is a different question.

Once a police report is taken, the prosecutor can pursue the case, even without the cooperation of the victim.

If you are actually talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of �mistake� or �misunderstanding� about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser.

A little free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Effective plea-bargaining, using those defenses, could possibly reduce the potential �time� and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.