Legal Question in Criminal Law in California

Re: Misdemeanor repeal?

No. Once the D.A.'s office has filed a complaint, the case is out of the hands of the person who claimed you committed a crime.

There are two scenarios: The D.A. will soon find out that the person is changing his testimony and drop the case, or the D.A. will put the person on the stand any way and ask why he is changing his testimony.

I had a case where the wife of an alleged batterer changed her testimony. The D.A. said they acquired more convictions on cases where the victim recanted her testimony than on cases where the person stuck by her story.

Re: Misdemeanor repeal?

'Repealed' is not a term with meaning. IF the complaining witness refuses to prosecute or cooperate in prosecution, you may end up with the DA having to dismiss sometime before trial. However, if it is a domestic violence charge it WILL NOT be dismissed, no matter what the witness wants; the witness will be subpoenaed and required to testify. That's prosecutor policy in California to avoid intimidation of witnesses into dropping the charges. If you are being charged, and if you are serious about getting counsel, and if the case is in SoCal, feel free to contact me.