Legal Question in Criminal Law in California

The CA district attorney has dropped my case.. what happens now? Are the charges/warrant no longer active? Also, is the district attorney the one that decides to press charges, or does the police department do that and then the DA handles them?


Asked on 8/08/09, 7:50 pm

2 Answers from Attorneys

Nick O'Malley The Law Offices of Nick O'Malley ALC

What happens now? Wait.

Are the charges/warrant no longer active? Correct.

And finally, the district attorney decides the press or drop charges.

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Answered on 8/08/09, 10:18 pm
Brian Dinday Law Offices of Brian R. Dinday

The police make an initial determination as to what charges to arrest a person for. The D.A. has the final say on what charges are prosecuted. It is unclear in your post whether the D.A. filed charges and then dropped them, or whether he decided not to file any charges, called a "D.A. reject". But when the D.A. drops all charges, any warrants are recalled and you have nothing to defend in court.

Never the less, you still have an arrest record for the offense involved. If you were actually innocent of any crime, you should seriously consider filing a petition for factual innocence under California Penal Code Section 851.8, which will totally clear your arrest record and result in actually destroying the records of the arrest. Arrests alone can interfere with your career and all job apps in your future, as well as in many other areas of your life, such as credit apps, interest rates paid, child custody, education, and even coaching Little League, etc. Having your charges dropped, you qualify for bringing such a peition.

If you want to learn more about it, you can read these articles on my website:

http://lawyer-expungement.com/petition.htm

http://lawyer-expungement.com/results.htm

My contact info is also on that site if you want a free consultation.

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Answered on 8/09/09, 3:18 pm


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