Q: No charges filed at arraignment, DA sent DV case back to Sheriff’s office for further investigation.
As the victim who wants the charges dismissed, what steps should I take in making this go away for the defendant? He was taken in on PC 148(a) (1), PC 273.5(a), PC 136.1(a)(1), and PC 212.5. I never contacted the authorities nor expressed that I wanted any charges filed, they walked up on the situation and I was honest about events but clearly stated that I wanted no prosecution and feel the matter isn’t a concern of the law, it was a personal situation that went out of hand and me and the defendant have come to agreement for him to seek mental health services, anger management and other steps to help him and myself, but it seems the sheriffs office have decided to pursue charges against my wishes, any advice? He was released with no further court date or information
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In cases of domestic violence, the decision to press charges often rests with the state, not the victim. This means that even if you, as the victim, do not wish to pursue charges, the authorities may still decide to proceed based on the evidence and the nature of the allegations.
If you want to express your desire for the charges to be dropped, you can contact the District Attorney's office handling the case. Explain your position and the steps you and the defendant have agreed upon, such as seeking mental health services and anger management. However, it's important to understand that the DA has discretion in these matters and may choose to proceed with the case regardless of your wishes.
Additionally, consider reaching out to a victim advocate or a legal professional for guidance. They can provide support and advice on how to navigate this situation and communicate effectively with law enforcement and the DA's office.
Remember, your safety and well-being are paramount. If you feel unsafe at any point, it's important to seek help immediately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
