QUESTION
What exactly does "criminal charges won't be filed" mean?
Asked on Nov 02nd, 2012 on Criminal Law - California
More details to this question:
I received a letter from the DA stating that the accused isn't being charged. What exactly does this mean? What about the court date that was set? I'm in California.
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It means what it says. You are not being charged. If you want to be safe you can go to court on the date previously set up, but there should be nothing on file. That should make you feel better.
Answered on Nov 06th, 2012 at 10:06 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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It means that despite apparently committing a crime, the DA has decided he can't prove and win the case, so is giving you a pass. You should go to the court date, just to be sure the case is dismissed as promised.
Answered on Nov 05th, 2012 at 7:53 PM
The letter you received means that the DA did not have enough evidence to show to the court that the person cited was involved in the crime and/or that there was even a crime.
Answered on Nov 05th, 2012 at 7:52 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The phrase "criminal charges won't be filed" means just what it says. For whatever reason, the D.A. chose not to accept the case for criminal prosecution. This is usually called a "D.A. Reject". Keep this letter with you at all times in case the D.A. changes their mind and decides to file. With regards to the court date, you probably do not need to worry about it. However, to be on the safe side, I suggest that you go to court on the date of your hearing and check with the clerk's office to be sure that criminal charges have not been filed.
Answered on Nov 05th, 2012 at 7:49 PM