Legal Question in Criminal Law in California
Burglary and robbery case was file against me, before the person who filed the case could take back the complaint, the cops arrested me. Is it still possible to take the case back? I got out on bail and have been given a later court date to appear in front of the judge...what is the legal way to resolve this dispute?
1 Answer from Attorneys
Unless you want to get into even more trouble, don't try to do anything without a lawyer. If you contact the alleged victim, you might be charged with intimidating a witness.
An individual cannot "file a case" or "take the case back." Only the District Attorney can file a criminal case; once it's filed, only a judge can dismiss it.
The police report will be sent to the DA, who will decide whether to file charges.
If you can afford to hire an attorney now, your lawyer may be able to get a statement from the person who complained to the police, then use it to convince the DA not to file charges.
DO NO TRY THAT YOURSELF. I can't say this strongly enough because you could make things much worse. Don't talk to ANYONE about this case except for a lawyer.
If you can't afford to hire a lawyer, the judge will appoint the public defender to represent you if charges are filed.
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