".....justice system" works like this. Somebody complains. Cops make a report about what is said to them and what they see. Report goes to DA. DA decides whether or not to file charges and which charges. If there is a filing of charges, the case progresses as either a misdemeanor or felony.
The Defendant's attorney cannot stop the DA from filing if the DA so chooses. Period. That is why there are juries, investigators and conferences.
Harry Edward Hudson Jr Stockton Criminal Defense Attorney
Posted about 14 years ago.
".....justice system" works like this. Somebody complains. Cops make a report about what is said to them and what they see. Report goes to DA. DA decides whether or not to file charges and which charges. If there is a filing of charges, the case progresses as either a misdemeanor or felony.
The Defendant's attorney cannot stop the DA from filing if the DA so chooses. Period. That is why there are juries, investigators and conferences.