Legal Question in Criminal Law in California

Time allowed to press charges

I was recently 849'd by the DA on a

felony w/ serious bodily injury

charge. My friend and I had been

drinking and got into a verbal

argument. He attacked me and was

beating my head with his fists. I

couldn't break free so I bit him once.

The bite ended up being very bad. He

was taking via ambulance to the ER

and had 20 stitches. I ended up in

jail. My friend extorted me from the

outside saying that if I didn't pay his

medical bills, then he would press

charges. Of course I agreed to pay

the bills, but I really don't want to.

The DA has a year to press charges if

he wants to, but how long does my

friend have to press charges?


Asked on 8/16/08, 12:45 am

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Time allowed to press charges

At this point, it is not really up to your friend to press charges. The DA is aware of the incident and it is up to him/her to make the decision whether a criminal complaint should be filed, regardless of what your friend does or does not do. That said, the friend could make your situation worse by calling and telling the DA he wants you to be prosecuted. As a victim, his voice would matter. Your friend could make that call at any time but of course the longer he waits the better chances you have that no charges will be filed. If no charges are filed after a year, an attempt by your friend to talk the DA into filing probably would not succeed.

From the standpoint of staving off criminal prosecution, paying the medical bills was a good call.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/16/08, 7:43 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Time allowed to press charges

Your Friend can sue you for big bucks for at least two years after the incident.

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Answered on 8/16/08, 2:18 am


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