If you’ve been a victim of a crime in California and are considering pressing charges, it’s important to understand the legal process involved. Knowing “how to press charges on someone in California” can help you navigate the complexities of the legal system and seek justice. With help from the compassionate team at Ewing Law Group, PC, you can ensure that your case is handled with knowledge and care.
Ewing Law Group, PC, is dedicated to providing personal attention, experienced counsel, quick turnaround times, and affordable rates to assist you through this challenging process. However, if you find yourself accused of criminal charges, our experienced Sacramento criminal defense attorney can also handle your criminal defense case from start to finish.
Contrary to popular belief, citizens in California (like in most US States) aren’t the ones to officially press charges but instead report crimes to police. The police investigate and send matters (along with their findings) to the District Attorney (DA). The DA can decide whether to file charges depending on the evidence.
Step-by-Step Guide to Pressing Charges
File a Report: To initiate the process of filing charges, report the crime to the police. The more detail you can provide in your report, the better – information about the assailant, the nature of the act, details about the scene, witnesses, and any evidence present and discovered will be helpful to the police investigation.
A Police Investigation: The police will investigate the crime once you report it. They will interview anyone they think could have information or was a witness, collect evidence, and possibly arrest the offender. The thoroughness of the investigation can make or break your case.
Filing Charges: Upon completion of the investigation, the police will submit their report to the district attorney’s office. After going through the contents of the report to get the information, the district attorney’s office will decide whether to file charges based on the evidence provided by the police. In case they decide to file charges, they will file charges formally, and the case will be forwarded to the justice system.
Arraignment: After charges are filed, the suspect will be arraigned and formally charged. It is at that point where they are given the opportunity to enter a plea (guilty, not guilty, or no contest). Bail may also be set at this time.
Pretrial and Trial: Following the arraignment, the case will enter the pretrial phase, where both sides can negotiate plea deals, file motions, and prepare for trial. If the case proceeds to trial, both sides will present their arguments, and then a judge or jury will issue a ruling.
Conditions for Prosecutors to Charge a Criminal Case in California
When charging a criminal case, the prosecutor in California must generally be satisfied that three conditions exist. First, the prosecutor must believe that there is probable cause for the charge. Second, there is sufficient admissible evidence to prove the case beyond a reasonable doubt. Third, that the criminal charge is in the interest of justice. These conditions ensure that the decision to charge a criminal case is both fair and just and also legally sound.
After filing charges, a prosecutor should continue to pursue them only if he/she has an honest belief that probable cause exists and that the admissible evidence will be sufficient to support a conviction beyond a reasonable doubt. If at any point a prosecutor has a serious concern that the accused may actually be innocent, or if the quality, truthfulness, or sufficiency of the evidence becomes questionable, they should alert their office to determine if the charges should be dropped.
FAQs
Q: How Long Do You Have to Press Charges in California?
A: The statute of limitations on filing charges in California depends in part on the type of crime. If, for example, it is a personal injury claim, the charges would have to be brought within two years. If the claim was regarding damaged property, the case would need to be initiated within three years of the incident.
Q: Does the Victim Have to Press Charges for Assault in California?
A: If you’re a victim in California, you don’t have any say in whether someone is charged with assault. In the United States, the district attorney makes that decision. After a crime is reported, he or she will make up their mind whether or not to pursue the case, regardless of the victim’s wishes. However, the victim’s cooperation can greatly impact the outcome.
Q: What Conditions Must Be Met in Order to Be Charged in a Criminal Case?
A: In California, before filing a criminal charge, a prosecutor must 1) believe that there is probable cause, 2) that there are sufficient admissible facts to prove the charge beyond a reasonable doubt, and 3) that filing charges furthers the interests of justice. A prosecutor who has significant doubts about the guilt of any defendant should not pursue the case.
Q: What Is Considered Assault in California?
A: In California, assault is an attempt along with the ability to violently harm another person. For example, if someone tries to punch you or pulls out a gun and waves it at your face, that is considered present ability. The person who threatens you must actually be able to cause harm. Other valid examples of assault can range from throwing objects to cornering someone.
Contact a Sacramento Criminal Defense Attorney
When a crime occurs in California, initiating charges is a multi-step process that starts with a report and, depending on several factors, can culminate with a jury trial and conviction. In some cases, time is of the essence. Due to the nature of the crime, and based on statute and case law, you are required to take action within a designated period or risk the case being dismissed. Familiarizing yourself with the process and its exact steps will help you better make well-informed decisions.
At Ewing Law Group, PC, in Sacramento, you can count on an experienced team with the professionalism and personal attention needed to successfully guide you through this challenging and alarming matter. If you have been the victim of a crime, call Ewing Law Group, PC, and schedule an appointment to start moving forward today.
