Legal Question in Criminal Law in California

Nope. It means they are still investigating. Depending on the kind of crime, lab reports can take months before they are ready to file any charges. And there is no such thing as "pressing charges". You can make a police report. Whether the District Attorney files a complaint and prosecutes you is totally up to him, not the police and not the victim.

No. And it is the D.A. who decides whether to prosecute. The victim's preference may play a role in her decision, but she can decide not to prosecute even if the victim wants her to. Alternatively, she can decide to prosecute even if the victim wants her to let the matter go.

Private individuals cannot press charges. Only the District Attorney can initiate a criminal prosecution.

In many cases, when the police don't actually see a crime in progress, they will just forward their reports to the District Attorney, who will then decide whether to file charges.

In the meantime, DO NOT talk to anyone about the circumstances surrounding the case except a criminal defense attorney. Any statement you make can be used against you.

The police may invite you down to the station to "tell your side of the story," promising not to arrest you... when they are planning to arrest you as soon as you've finished answering their questions. They do this to avoid having to advise you of your right to an attorney and your right to remain silent, which they would have to do if you were placed under arrest.

The US Supreme Court says it's perfectly okay for them to lie to you this way.

Beware of "pretext phone calls." The police will sometimes have the alleged victim or a family member call you on the phone and ask questions about the case... while a cop is listening and telling them what questions to ask. Again, this is perfectly legal.

You are under investigation. You might consider getting an attorney involved as soon as possible to get on top of the situation to ascertain where things are and possibly influence the course of the investigation. In the meantime, do not discuss the case with anyone unless confidentially with a defense lawyer.

Jacek W. Lentz, Esq. 213.250.9200 www.lentzlawfirm.com