Legal Question in Criminal Law in California

A friend of mine and his girlfriend got the cops called to their house by a neighbor when the neighbor heard them arguing. My friend got arrested for misdemeanor domestic battery and misdemeanor false imprisonment. The girlfriend told cops that she did not want to press charges. My question is, does the law allow for her to change her mind and press charges in the future?


Asked on 9/03/09, 12:17 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Individuals cannot "press charges." Only the District Attorney can initiate a criminal prosecution.

The police reports will be forwarded to the DA, who will decide whether to charge your friend. In dostic violence cases, prosecutors often file charges even when the alleged victim doesn't want them to.

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Answered on 9/03/09, 12:37 am


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