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

UPDATED: Aug 1, 2019

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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