Legal Question in Criminal Law in California
Hi!
My neighboors tried to break into my house after I gently asked them to calm down their kids. "Breaking" included - breaking and kicking the front door, yelling at me, insisting on
opening the door ("my parents are pissed off - open the door"), calling me "bitch" when I refused to open the door. Instead of opening the door I called the police. Police promised to
"talk to them". Is it possible to charge my neighbors for these illegal actions? (e.g. home invasion or burglary attempt?).
Thank you
2 Answers from Attorneys
NO. The police can charge them, but people do not charge other people with crimes in California. That's all done by the local prosecutors in conjunction with the police. But you can sue them for $$$.
The DA is the one who has discretion of whether or not to bring criminal charges. That starts with your report to the police, and any investigation that they do.
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