Legal Question in Criminal Law in California

Criminal charges

When a suspect is booked for a crime and later charged with a lesser crime by the District Attorney, is ''booked'' the same as ''charged by police?'' I ask this because I am a writer and I mentioned a public figure was ''charged'' with a particular offense. He was booked for this crime. He demands a correction because the D.A. charged him with a lesser crime. Should he get his correction?


Asked on 4/03/07, 1:42 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Criminal charges

Charges are always filed by prosecutors, never by the police. Arrestees are booked on charges the police believe are appropriate, but the charges the D.A. ultimately files are based upon a more thorough review of the evidence. Even where the D.A. agrees with the police, there may be reasons (such as witness credibility, inadequate evidence or a Fourth Amendment violation, among many possibilities) for the D.A. to charge the defendant with a lesser offense -- or not to charge him at all.

Read more
Answered on 4/03/07, 1:39 pm


Related Questions & Answers

More Criminal Law questions and answers in California