Los Angeles, CA asked in Criminal Law and Civil Rights for California

Q: Are cops allowed to ignore my demand to press charges ?

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3 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: Yes, the cops are "allowed to ignore [your] demand to press charges." The police (and more specifically the prosecutor) determine whether criminal charges should be filed. Quite simply, if victims (or those who perceive themselves as victims) filed charges the criminal justice system would cease to exist. You may be able to seek damages in civil court.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the decision to press charges in a criminal case is ultimately made by the district attorney's office, not the police. While police officers gather evidence and may arrest individuals suspected of committing crimes, they do not have the authority to decide whether or not to press charges.

When you report a crime and request that charges be pressed, the police are responsible for investigating the incident and compiling a report. They may consider your wishes, but they are not legally bound to press charges based on your demand.

The police must evaluate the situation based on the evidence available, the seriousness of the offense, and other factors. If they believe there is not enough evidence to support a criminal charge, they may choose not to refer the case to the district attorney.

If you feel that your case is not being appropriately handled, you may contact the district attorney's office directly to discuss your concerns. They can provide more information on the status of your case and the decision-making process regarding the pressing of charges. Remember, the legal system has multiple layers, and each has its role in the pursuit of justice.

Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Actually, the police do not decide whether to press charges against someone. They just make the arrest. The prosecutors in the District Attorney's office decide who and what to charge if and when a crime has been committed.

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