Legal Question in Criminal Law in California

There is no way to know if the DA will file certain charges or not. Generally the law enforcement agency submits, the officer reports and/or incident reports to the DA's office. It is then given to the charging DA. Someone or a team of DA's who review reports and decide to charge a violation or not. After submitted the charging DA reviews the reports and determines if a complaint regarding the recommended violations should be filed or if there are other possible violations that should be charged against a suspect. There are times when the evidence or the facts do not support the charge or any other charges. It really just depends on the individual DA office. The charging DA or team of DA's may drop certain matters or they may charge the matter in different manner or under a different code section than originally thought.

I would suggest you consult with a criminal defense attorney in your area who is familiar with the practices of the DA's office. A consultation is generally not overly expensive and in the situation you have described it would be money well spent.

Good luck

Brian McGinity

Nothing in this message creates an attorney client relationship. The information exchange is not covered under the attorney client privilege. The legal information is based on general principles of law and does not constitute legal advice. The information should not be relied on as legal advice. It is impossible to give accurate information in an open community forum such as this. Therefore you should consult with a private attorney regarding your matter.