How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I was recent sent a letter in the mail charging me with a 273.5

Resolved Question:

I was recent sent a letter in the mail charging me with a 273.5 (a) domestic battery under California Penal code for an incident that happened over a year ago. I was never arrested and there is not currently a warrant out for my arrest. Why would charges get filed after all this time?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.



Apparently, the "victim" has decided to file charges. There is a 3 year statute of limitations on felony charges. So the state can bring it as a felony and then decide to reduce it to a misdemeanor.



Customer: replied 6 years ago.
I'm obviously not the expert but I read that it is the DA's decision whether to file or not. So are you saying that the "victim" can insist on it?

Expert:  Samuel II replied 6 years ago.



Yes. A victim's preference is considered. It is always the prosecutor's discretion but usually if they do not proceed it is because of a lack of evidence. But a victim can insist, yes. A prosecutor is a "servant" of the people so they can consider what the victim wants


Samuel II and 2 other Criminal Law Specialists are ready to help you

Related Criminal Law Questions