Legal Question in Administrative Law in California

If charges for a misdemeaner offence are dropped by the complainant could a judge still order a penalty?


Asked on 3/27/12, 5:11 pm

2 Answers from Attorneys

Glen Fleetwood Mister DUI-800-468-2-502

charges are not "dropped",by victims in California, and California does not have "complainants" in criminal cases.

Get a lawyer to help you, or someone that knows what they are doing.

Read more
Answered on 3/27/12, 9:41 pm
Brian McGinity McGinity Law Office

The way you have presented your question suggests you are asking a criminal law question. Yet, you listed it under administrative law. So I'm not sure if your asking about an Administrative law judge ordering a penalty regarding a Department of consumer affairs license of some sort such as a Nursing license or a license to practice medicine. You need to be more specific. However, Mr. Fleetwood is absolutely correct in the criminal context. The People of the State of California vs. John Doe, means the people are bringing the case against the defendants. Not an individual. So someone can call and report a crime that was committed against them but after the report they have very little to do with the prosecution of the case except where their testimony is needed for a conviction, since they are a witness to the crime and the victim.

I also agree with Mr. Fleetwood's statement regarding getting a lawyer. It is obvious you don't understand the process so I suggest, if you have been charged with a crime, you get yourself a lawyer. Next, stop talking to anyone about this except your attorney.

Good luck

Read more
Answered on 3/28/12, 7:17 pm


Related Questions & Answers

More Administrative Law questions and answers in California