Q: My son is being charged with his 3rd DV now the law said a third DV is a felony.The person that is the victim in the
Case is not pressing charges. He has been in jail for 10 weeks for this. Do you think they will let him out after his Donal hearing, or do you think he will have to go to prison over this?
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A: In California, even if the victim does not wish to press charges, the prosecutor can still proceed with the case if they believe there is sufficient evidence to convict. A third domestic violence charge is treated seriously and could be categorized as a felony, carrying substantial prison time if convicted. Whether your son will be released after his final hearing or sent to prison will depend on multiple factors, including the evidence presented, prior convictions, and the judge's discretion; thus, securing legal representation is crucial.
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