Legal Question in Criminal Law in California

Re: Can the charge be dropped?

If your daughter has been charged then there is already a court case underway. If she is merely being investigated then there probably isn't. You use both terms, so I can't say what the status actually is.

Whether to file charges is the prosecutor's decision, not the victim's. Prosecutors may refrain from filing charges if the victim asks them to, but they are not required to do so.

Be very careful about how you try to "convince" the victim. It's easy to cross the line into witness tampering, bribery, etc. If that happens, you too could be charged with a crime.

Re: Can the charge be dropped?

Unfortunately, once the police get involved the reporting victim no longer controls the decision whether charges are filed. That said, their opinion that they do not desire prosecution could be helpful in helping to avert prosecution or in successful resolution of the case if charges get filed.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com