Thank you. I appreciate the advice. I only threatened him with criminal prosecution because I am afraid of him and it was the only thing that I could think of to get him to back off of me. I do have proof that he engaged in activites that constitute a felony, but that was an act that occurred about two months ago. It would help me in my civil suit, I believe, but obviously I don't desire to press criminal charges unless my civil suit doesn't go through, in which case I would only want criminal charges because I am afraid of him, afraid of a repeat offense, and afraid for my safety. I am not sure if I have enough evidence to get a restraining order, however, which is even scarier.

the criminal justice system is no place to play out private squabbles. If you believe there is criminal activity, report it to the proper authorities. Never use it as leverage, as a way to advance a civil case, or as a back up plan. If you are afraid, call the authorities. Seek a restraining order. The very worst thing that could happen is it gets denied and then you're in the very same spot you are now.

I will admit that I got in over my head with the criminal charges. I am just not familiar with how the system works. They were trying to pin false criminal charges on me for attempting to do perfectly legal things, like collect late rent, which is how this got started. I respect that I don't have the authority for anything related to criminal law, so I thank you for the advice on that. How would I then rebut the assertion of false criminal charges against me if they be laid out in a court of law? (Sorry, I guess this is a second question).

If you are facing criminal charges (whether they are provable or not) you need to speak with and hire a criminal defense attorney who is knowledgeable in presenting the best defense applicable in your case. You should hire someone you feel comfortable with and can be completely candid with. I would also advise you to focus on your case rather than threatening anyone. If this person is a witness against you in the case, you may be engaging in witness intimidation, which is a very serious charge. You need to speak with an attorney sooner rather than later. Find out what your rights are, find out what defenses are available to you, find out if there is any conduct that you need to stop doing, and what steps to take next.

I am pretty sure that she has no case against me. It's just harassment, madam. She's blackmailing me. Period. I'm just a little miffed that you would warn me against filing criminal charges against someone and at the same time think I would need to hire a criminal defense lawyer. I mean.... I didn't do anything wrong, so there's no evidence against me at all. She just keeps calling the police and filing false charges. I want to press charges of malicious prosecution if she tries to take me to court again. She is a criminal and she has committed three felonies in the course of living at my house, including fraud, perjury, and drugs. What she is trying to charge me for is non-existent, speculative, and she was probably so stoned that she imagined it in any case. How could she press criminal charges? I've done nothing. Hire a criminal defense lawyer? If it is so hard for me to press charges for the three felonies that she's committed, then how in the **** is she going to prosecute me for what I didnt' even do?

Okay, nevermind, I get it. You don't know all of the facts. So thank you in any capacity. I'm not trying to sound ungrateful for your expertise.

I think you may be misunderstanding the process. The only way criminal charges ever get filed against anyone in a superior court is through the office of the district attorney. The district attorney receives information from the police department and makes an evaluation as to whether to bring a case or not. Ideally, this should be based on there being any reasonable lilelihood of conviction by jury, though it sometimes seems that they ignore this maxim.

The District Attorney works for the People of the State of California. When a criminal case is filed, it is titles The People of the State of California vs. Unlucky defendant's name here. The offense is prosecuted as an offense against the People of the State of California. The case is not titled Mary vs. John, as it is in civil court and victims do not decide whether charges are brought or not.

As you may note, I told you to contact the police if you felt that you were in danger or there was criminal activity.

Okay. Thank you. I understand now. Okay, well... if she tries to file a criminal case because I got angry and threw around some garbage, that's silly. She's claiming that I'm a dangerous person, even though I have been indigent from my house due to fear, and she has been living there and giggling like a narcissistic sociopath trying to use the law to scare me out of doing things.

You're right. I don't understand the process that well. I'm just figuring it out now thanks to your help. *sweat droplet*