Legal Question in Criminal Law in California
I received a complaint with court date for conspiracy to commit a crime. The crime was a theft and I had no idea it was going to take place.The detective says go to court it is up to the D.A. if they want to prosecute. Will this hold up in court?
2 Answers from Attorneys
The decision to file charges or not is always up to the DA - not the police or any victim.
If the DA reviews the case and thinks there is enough evidence to file charges, then they will. If not, they won't.
You could benefit from at least consulting with a good local criminal defense attorney to discuss the situation & be ready just in case.
Unfortunately, it is all up to the District Attorney to prosecute cases if they feel they have a case. So yes, if they prosecute, you will have to go to court. Make sure you show up to that court date. If you don't then the real trouble will come to you.
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