Legal Question in Criminal Law in California

Re: assault

The city attorney will continue prosecuting regardless of her wishes. The first step in dealing with the charge is to make sure he has privately retained counsel.

Re: assault

No. Once an incident report is submitted to the District Attorney's Office and a charging decision is made, the decision to go forward with the charges rests solely in the discretion of the DA's Office and the Court. A victim's input and cooperation is a factor for the DA's Office to consider but it is not dispositive.

Re: assault

Sure, you can try, but that doesn't stop the prosecution of the case. Prosecutors know that most such rescission's are done from fear and threats, so they ignore them. Prosecutor policy is generally to not drop any such case once filed, and force the victim to testify.