Who Files Criminal Charges in California?
A criminal case in California usually starts when the district attorney (prosecution) files a "complaint" in court, outlining the charges against a person.
This process, known as "pressing charges," occurs after the prosecutor reviews a police report detailing whether someone committed a crime. The report includes their observations, hearsay, witness statements, and any evidence gathered.
The report typically includes pictures, videos, transcripts of recorded statements, and lab reports. It generally sets out the charges the district attorney may file for specific crimes.
The prosecutor has the sole authority to decide whether to file charges and which charges to pursue. Community members or alleged victims do not have the legal power to file criminal charges against someone, a common misconception, particularly in domestic violence cases.
Review of Police Report
The prosecutor reviews the police report to determine whether to pursue misdemeanor or felony charges. They may also request additional police investigations.
Typically, the City Attorney's Office handles misdemeanors, while the District Attorney's Office deals with felonies.
If someone is in jail but not charged within the usual 48-hour deadline, they must be released.
Although charges can be filed later, a person cannot be held in custody without formal charges. The charges filed are called a complaint, which details the crimes the defendant is accused of and when they occurred.
Defendants have the right to receive a copy of the complaint, usually provided at their first court appearance (arraignment) or mailed to them.
Key Takeaways
- A common misconception is that a crime victim must initially "press charges" to initiate criminal prosecution in California. However, this is not how the legal process operates.
- Victims lack the legal authority to decide if charges are officially filed in a criminal case.
- Prosecuting agencies do not base their charges solely on a victim's requests.
- Police officers do not initiate criminal charges against anyone.
- An arrest does not equate to being "charged" with a crime.
- The local district attorney decides whether the evidence is enough to meet the standard of beyond a reasonable doubt for securing a conviction.
- When deciding to file domestic violence cases, a prosecutor must assess if the alleged victim is cooperative.
- Not all apparent criminal acts are prosecuted for many different reasons.
- Sometimes, there isn't enough evidence to convict an alleged perpetrator, leading the prosecutor to decline to file charges, known as a "DA reject."
- Prosecutors have a legal duty to pursue justice free from undue influence and to safeguard alleged victims from harm.
What Factors Does the District Attorney Consider?
The district attorney's role is to hold offenders accountable for their crimes. When deciding whether to pursue formal criminal charges, they evaluate various factors, including the following:
- Any proof that demonstrates someone's guilt.
- If the evidence is allowed in court.
- The extent of harm inflicted on a victim.
- The trustworthiness of the victim or witnesses.
- Whether the alleged crime is consistently enforced.
- Whether it's a minor or serious crime.
Police reports serve as a DA's primary source of information because they are generally the most relevant documentation when deciding whether to pursue criminal charges.
Typically, the arresting officer drafts the report, which a supervisor then approves. These officers are usually the first responders at the scene.
The reports contain detailed incident information, including statements from the victim, witnesses, and, in some cases, the suspect.
Often, the police report is crucial in determining whether the crime's elements are met and if there is sufficient credible evidence to proceed with criminal charges.
What Choices Does the DA Have?
All the information provided above is usually enough to assist the district attorney in deciding whether to file criminal charges. Their options include the following:
- Officially initiate criminal charges, known as a "complaint."
- Reject filing criminal charges, known as a "DA reject."
- Redirect the case to a non-court option, like a City Attorney's office hearing through the Neighborhood Justice Program.
Can an Alleged Victim Exert any Influence?
Although the DA is solely responsible for deciding whether to file criminal charges, an alleged crime victim can sometimes influence this process.
For example, a crime may be reported to law enforcement, but the victim later decides not to pursue charges. This situation is common in domestic violence cases, but it is often more complex.
It frequently occurs among family members, partners, or friends. For instance, if a couple has a drunken argument, one partner might call the police, leading to the arrest of the other.
Victims Can't Drop Criminal Charges
Once everyone has calmed down the next day, the person who reported it may want to move on and "drop the charges," but the decision is beyond their control.
The criminal process is already underway after the report is made to law enforcement, regardless of whether an arrest occurs.
Police detectives will investigate further, compile a report, and then decide whether to send it to the City Attorney's Office or District Attorney's Office for prosecution.
A prosecutor will review the case and determine whether to pursue criminal charges. Although the prosecutor should consider the reporting party's wishes, they are not obligated to follow them.
Therefore, if a neighbor reports a domestic dispute to the police, a husband can still face criminal charges even if the wife does not wish to pursue the case. Only the prosecutor or a judge has the authority to dismiss those charges.
Even if the alleged victim prefers not to participate in the prosecution, your future and reputation could still be affected.
Filing Charges Related to Domestic Violence
In simple terms, a prosecutor can pursue charges against an individual even if the alleged victim strongly opposes, as often seen in domestic violence cases.
Nevertheless, the victim's preferences can greatly influence the prosecutor's final decision. For example, consider the following:
- Although victims cannot legally decide whether to pursue criminal charges, their input can influence prosecutors and potentially sway their decisions.
- If there is little chance of a successful domestic violence prosecution, charges are unlikely to be filed initially, often due to the victim's lack of cooperation and unwillingness to pursue prosecution.
- If the prosecutor possesses other compelling evidence, like photos of her injuries, and doesn't rely on the victim's testimony for a conviction, they will probably move forward with formal charges.
Contact our California criminal defense lawyers to review your case details and explore legal options. District attorneys evaluate many factors before deciding to file formal charges.
Negotiating with the prosecutor might help persuade them to drop the charges. The Hedding Law Firm is located in Los Angeles, CA.
