Legal Question in Criminal Law in California

Re: Victim has stated accused is NOT the perpetrator

hello this is parmalee simmons just tell you that the da can be blamed for the attemted murder and if yall got any witheness that says he did that, and do they got evidence that he or she did stabbed that person if they don't they can't and they can put him or her in jail but not likley if they plea not giulty and if yall got withness like i said he or she would not go to jail but if u need more inphomatin just email me at [email protected] and i will get back with u as soon as i get your message and don't worrie if they don't have evidence they can't do to much about it so just email me okay bye.

Re: Victim has stated accused is NOT the perpetrator

The District Attorney has the sole discretion to decide whether a charge is filed and a prosecution commences against a person. The fact that the victim states that the defendant is not the one who committed the offense, or there is a lack of physical evidence should be considered by the DA, but does not preclude the DA from filing the charge. There may be other witnesses or evidence that points to the charged defendant as the perpetrator of the crime. Sometimes a victims memory is fuzzy or for other reasons they choose not to identify a particular person. The DA should weigh all these factors when deciding to prosecute. Ultimately, the answer is yes the DA can prosecute despite the fact that the victim say's the defendant is not the one who stabbed him. Whether or not the DA can get a conviction is left for a jury to decide.