I got stabbed in my stomach about three weeks ago and the Guy who did it is out of jail wen police questioned me they never asked if I want to press charges I didn't no what to do so today a public offenders said I could make a report if the DA wants to pick it up they will. I don't no much about the law in details but I don't believe this man should be out can I still press charges
Medical Malpractice Attorney
I would definitely think so - contact the DA's office they should be able to give you all of the information you need.
Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.com). The answers posted herein are not legal advice and does not create an attorney-client relationship.
Criminal Defense Attorney
In CA, the victim does not "press charges." The victim makes the report to law enforcement. Law enforcement does their own investigation follow-up preliminarily and then forwards it to the District Attorney's Office. If the District Attorney wants to file charges against the perpetrator, they will.
If you did not give all the information regarding the incident that you could have, contact the officer in charge of the investigation and furnish him/her with that material. If you gave the officer a full statement, you can contact the DA's Office and ask to speak with the "filing deputy." Tell him or her that you are the victim, are afraid of the perpetrator (who is now out) and want them to file charges against him.
For all you know, they may have filed those charges. Don't confuse his being out of jail with no charges having been filed. People accused of most crimes in California are entitled to reasonable bail to insure their appearance in subsequent court proceedings. He may have made bail.
If he threatens or menaces you in any way, get on the phone to the police immediately.
7 lawyers agree
If this incident occurred in Sacramento County, it would be my suggestion that you contact the Sacramento County District Attorney's Victim/Witness unit and ask them for assistance . The V/W advocates can explain to you the process in Sacramento County and make sure the charging attorney has all the information he or she may need before making a final charging decision.
8 lawyers agree