Is there a way to force the da to file or dimiss a felony?

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Is there a way to force the da to file or dimiss a felony?

I was arrested for a felony and released on OR but so far the DA has not filed. However, I don’t want this hanging over my head for the next three years. Is there anything that I can do?

Asked on August 1, 2019 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, unfortunately there is not: the DA has discretion over not just whether to file charges but when, can may do so any time within the statute of limitations, which for felonies is, as you indicate, typically three years (or longer, for more serious ones like sexual assault, homicide, etc.). The DA has the right to wait to decide what to do and you cannot force his/her hand.


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