Legal Question in Criminal Law in California

can a person file charges on someone who has filed charges on them first


Asked on 4/03/12, 2:05 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

In California, individuals can't file criminal charges at all. Only prosecutors can do that. If you believe there are grounds to charge your accuser with a crime, talk to the prosecutor and see what she thinks.

But be careful *not* to discuss any aspect of the case against you! As they say on television, anything you say can and will be used against you. If your accusations involve any of the same facts or issues as the charges against you, you may be better off not calling.

Your best bet is to get a lawyer and ask him for guidance. If he thinks there are grounds to charge your accuser, he can tell you how to proceed.

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Answered on 4/03/12, 2:35 pm


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