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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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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


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