If you have ever watched a police procedural or a legal drama, you have seen the scene: a victim stands in a police station, looks the officer in the eye, and says, “I want to press charges.” Conversely, you may have seen a defendant breathe a sigh of relief because a victim decided they didn't want to press charges, assuming the case would simply vanish.
In the real world, specifically within the California criminal justice system, this narrative is a significant misconception.
At the Law Offices of Christopher Chaney, we often speak with clients who are under the impression that their legal troubles are over because the complaining witness has changed their mind. Unfortunately, the law is rarely that simple. If you are facing criminal allegations in Los Angeles or Southern California, understanding the distinction between a victim’s wishes and the State’s power is critical to your defense.
The Myth of Private Prosecution
The most important thing to understand about California law is that criminal cases are not "Victim vs. Defendant." Instead, they are titled "The People of the State of California vs. [Defendant’s Name]."
When a crime is committed, it is legally viewed as an offense against the public and the peace and dignity of the State. Because the State is the injured party in a legal sense, the State (not the individual victim) holds the power to initiate, maintain, or dismiss a criminal case.
In California, an individual citizen does not have the legal authority to "press charges." Only a prosecutor, such as a District Attorney or a City Attorney, has the power to file formal criminal charges in court.
Similar Post: Can You Expunge a Felony Conviction in California Without Going to Court Again?
The Process: From Police Report to Courtroom
To understand why the victim’s preference isn't the final word, it helps to look at how a case actually moves through the system:
- The Police Investigation: When an incident occurs, the police are called. They conduct an investigation, interview witnesses, and gather physical evidence. They then write a report.
- The Referral: The police do not "charge" you with a crime; they arrest you based on probable cause. After the arrest, the police department refers the case to the local prosecutor’s office (like the L.A. County District Attorney).
- The Filing Decision: A prosecutor reviews the police report, the evidence, and the defendant’s criminal history. They then decide whether there is sufficient evidence to prove a crime was committed beyond a reasonable doubt.
- The Arraignment: If the prosecutor decides to move forward, they file a complaint, and the defendant is formally charged at an arraignment.
Throughout this entire process, the victim is considered a complaining witness. While their cooperation is valuable, they are not a party to the lawsuit.
Why Prosecutors Proceed When a Victim Wants to Drop Charges
It is a common occurrence, particularly in domestic violence or assault cases, for a victim to contact the prosecutor and ask to drop the charges. They may have reconciled with the defendant, or perhaps they realize that a criminal conviction would lead to a loss of family income.
However, California prosecutors are often trained to be skeptical of these requests. From the State’s perspective:
- Safety Concerns: The prosecutor may believe the victim is being intimidated or coerced into dropping the charges.
- Recantation Patterns: In domestic violence cycles, it is common for victims to recant statements. Prosecutors are legally prepared to proceed using victimless prosecution techniques.
- Public Interest: The DA’s job is to protect the community. If they believe a defendant is a danger to others, they will pursue the case regardless of the victim’s personal feelings.
Similar Post: What Happens If My Spouse Refuses to Testify Against Me in a California Domestic Violence Case?
The Role of Evidence Beyond Testimony
If a victim refuses to testify or changes their story, can the State still win? In California, the answer is often yes. Prosecutors can rely on independent evidence to build a case without the victim’s active participation. This includes:
- 911 Calls: Recordings of emergency calls are often admissible as excited utterances.
- Body Cam Footage: Video of the victim’s initial, raw statements to police can be powerful evidence.
- Physical Evidence: Photos of injuries, torn clothing, broken furniture, or DNA.
- Medical Records: Statements made to doctors or nurses during treatment.
- Third-Party Witnesses: Neighbors or bystanders who saw or heard the incident.
Can a Victim Be Forced to Testify?
Technically, a prosecutor can issue a subpoena to force a victim to appear in court. However, California Civil Code Section 1219 provides a unique protection: it prevents a victim of domestic violence or sexual assault from being jailed for contempt if they refuse to testify.
While this protects the victim from incarceration, it does not stop the prosecutor from trying to prove the case using the other types of evidence mentioned above. This is why you cannot rely on a witness's silence as a guaranteed get out of jail free card.
Why Early Intervention Matters
Because the decision to file charges rests entirely with the prosecutor, the period between an arrest and the first court date is the most critical window for your defense. This is where an experienced Los Angeles criminal defense attorney can make the greatest impact.
At the Law Offices of Christopher Chaney, we utilize a strategy called Pre-Filing Intervention. We don't wait for the court date to start working. We reach out to the filing deputy at the District Attorney’s office to present mitigating evidence or point out flaws in the police report before they sign the complaint.
If we can show the prosecutor that the evidence is weak, that the victim is unreliable, or that the incident was a misunderstanding, we may be able to convince them to decline the case entirely (a "DA Reject") or file lesser charges.
Choosing the Right Defense
When the State of California puts its resources behind a prosecution, you need a defense team that understands the nuances of the local court systems from the Clara Shortridge Foltz Criminal Justice Center to the neighborhood branch courts.
Christopher Chaney and his team bring a sophisticated, aggressive, and meticulous approach to every case. We don't just go through the motions. We investigate the investigators, challenge the evidence, and ensure that your side of the story is heard by the people who actually hold the power to drop the charges: the prosecutors and the judges.
Don’t Leave Your Future to Chance
Is pressing charges a real thing in California? Only in the sense that a victim can report a crime. Beyond that, the wheels of the state's legal machinery turn according to the discretion of the District Attorney.
If you or a loved one has been arrested, do not wait for the victim to fix the situation. The State is already moving against you. You need a legal advocate who knows how to navigate the complexities of California’s penal code and who will fight tirelessly to protect your rights, your reputation, and your freedom.
Contact the Law Offices of Christopher Chaney today at 818-330-5198for a free, confidential consultation. Whether you are facing charges for DUI, domestic violence, theft, or a serious felony, we are ready to stand by your side. We represent clients throughout California, including Los Angeles County, Orange County and Ventura County.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
