Legal Question in Criminal Law in California

Re: Question about Vandalism

There is nothing you can do to compel the D.A. to prosecute the vandal.

Prosecutors have limited resources and generally cannot prosecute every case that comes their way. They have to decide which cases are the best ones to pursue and let the others go. Even cases they want to prosecute sometimes turn out to be relatively weak (due to unreliable witnesses, for example, or lack of physical evidence), and D.A.s should not have to waste money on cases they expect to lose -- especially where the crime involved is relatively minor.

If victims could compel prosecutions then the D.A. would use up his budget long before the end of the fiscal year. Individual prosecutors would be overwhelmed, as would courts and public defenders. Worse yet, whether a given offender is prosecuted would depend more upon the tenacity of the victim than the severity of the crime or the quality of the evidence. Such a system would be both less efficient and less just than the one we have now.

Re: Question about Vandalism

You make a key distinction in your question between hte deputy and the DA. Ultimately, the DA has the discretion to prosecute. If this case is of such importance to you, call the local DA's office, find out if it has been assigned to a prosecutor, and you may lobby there.

The officer can arrest, but cannot make the decision to prosecute. He was just giving you his opinion. Now you can give yours to the DA.

Re: Question about Vandalism

Nothing, other than encourage the police and DA. You can also sue the vandal if you have enough proof to show he did it.