Legal Question in Criminal Law in California

Re: reversing charges pressed

Yes, they can change their mind but very often the change does not affect whether the prosecution will dismiss the case. In other words, once the police report is made it is really no longer up to the reporting person or victim whether charges will be filed. For example, it is very often the case that the victims in domestic violence cases often recant and want to change their minds. However, most often in this type of cases this will not persuade the prosecution to dismiss the charges.

While the victim is no longer in control of whether the charges will be filed, he/she can still have a lot of influence. For example, he/she can press the prosecution that they want the case to be resolved through a civil compromise, i.e., payment of restitution money in exchange for dismissal. In other cases, the victim can let the prosecution know that they no longer wish to cooperate in the prosecution. In this kind of situation, the victim needs to be careful and it would be most advisable for them to consult their own separate attorney in order to find out what their legal rights and obligations are.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfim.com