Legal Question in Criminal Law in California
terriost threat
My brother was arrested for threatning to kill my sister because she is dating someone from another religion. Can my sister drop the complaint and will my brother be released or it is up to the jude or district attorney.
2 Answers from Attorneys
Re: terriost threat
The District Attorney represents the people of the State of California, and not the victim(s). However, your sister's desire on a marginal case, which this one is, would carry a lot of weight with the D. A. The D. A. dismisses the complaint.
Re: terriost threat
The dropping of the charges will be up to the D.A. if the case has already been filed in a criminal court. The fact that the sister does not want to press charges is a factor that the D.A. will consider when trying to decide whether or not to drop the case. However, it is up to them. Further, one needs to consider the type of evidence that the D.A. has. For example, if the sister made a full and accurate statement to the police they can testify as to what she said about the threats. This quality of evidence has to be considered as well.
Call if you have any other questions.
Joseph Low
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