Can the DA refile on me?? i was arrested for Assault

Asked about 1 year ago - Los Angeles, CA

i was arrested and i went to court the da rejected my case.... well now the police department is contacting me to come in almost 2 months later talking about they want to close the case and they only have a few questions in order to do that??>? what this all about?? can i refuse to come in and have anything to do with this?

Attorney answers (7)

  1. Maltaise E Cini

    Contributor Level 17

    6

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    Best Answer
    chosen by asker

    Answered . Yes, the DA can still file after they have rejected your case. It depends on what the statute of limitations is. This is dependent on what you may ulitimately be charged with. You should not talk to the police department. It sounds that your case was rejected because the DA is requiring additional information. Any information can and will be used against you. Hire an attorney and let the attorney determine what questions if any will be answered.

  2. Anne Marie Healy

    Contributor Level 14

    8

    Lawyers agree

    Answered . Don't talk to them without an attorney present. Because the D.A. rejected the case, they are going to try to obtain more information so as to build a better case against you. Don't talk to them.

    I can be reached at 714-442-1522 if you have further questions. Before accepting any answer as a final answer,... more
  3. David Mark Wallin

    Contributor Level 14

    7

    Lawyers agree

    Answered . You should NEVER answer any more questions. It sounds like the police may want to arrest you. Contact an attorney immediately and, if you retain a lawyer who knows what they are doing, they should speak to law enforcement on your behalf. As a Former Deputy D.A. I must tell you that it sounds like they may want to re-arrest you. Most criminal defense firms allow for FREE consultations.....take advantage of it. I wish you well...................David Wallin

  4. Sharon Paris Babakhan

    Contributor Level 15

    7

    Lawyers agree

    Answered . Yes they can file on you even after rejection. It seems like they have new information or evidence that's why they want to talk to you and consider filling charges. Hire an attorney and your lawyer will take care of it.

  5. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . It appears that the DA sent the case back to the police with a couple of answers needed before they decide to file again. So, the cop is asking you to come down and help him charge you. You have every right not to assist him. You don't need to reply. If he comes to meet you tell him that you would like to help him, but on the advice of your attorney you are not allow to speak to him. Get yourself an experienced criminal attorney to make this go away for good. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  6. Sarkis Jacob Babachanian

    Contributor Level 12

    5

    Lawyers agree

    Answered . DO NOT TALK TO THEM even if they arrest you. They want answers to questions to complete their evidence. Talk to a lawyer in advance to prep the lawyer on facts (NOT here in this public forum) so that if the cuffs come on the lawyer can act fast to try to get them off without delay. Luck.

    California attorney Sarkis Jacob Babachanian handles criminal defense, personal injury, civil litigation and... more
  7. Yaniv Kenan

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Good question to ask your attorney

    The response above is not intended as legal advice. This response is for educational purposes only. I have not... more

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