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Possibility of dropping charges against husband under CA criminal procedure

Temecula, CA |
Filed under: Criminal defense

my husband was arrested and released yesterday after I called the police and pressed charges. He is willing to start rehab tonight, but is afraid to miss his August 14th court date. If I drop the charges, does he still have to go to court?

Attorney Answers 5

Posted

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

Once the arrest takes place, you decision to drop charges is not controlling on the District Attorneys Office. They can move forward with charges with or without your consent or cooperation. If your husband is in custody or rehab, then this can be coordinated by your attorney with the DA and court to allow for completion and/or a continued arraignment date. Your husband or his attorney will need to appear to enter a not guilty plea and/or to continue the arraignment date.

The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

Best Regards,

Jon Mitchell "Mitch" Jackson
Jackson & Wilson, Inc.
www.JacksonWilson.com

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Posted

Yes. If he has been given a court date he should appear until the court discharges him from further appearances. You should also check with a lawyer before you try to drop charges as it is the District Attorney who decides if charges are filed, not you.

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Posted

Just as you didn't press the charges you can't drop them. You are the complaining witness. The DA's decision whether to prosecute or not might be influenced by you but it is ultimately the DA's call. If your husband simply skips a court date, rehab or not, he'll go back into custody and you won't be able to get him out. Don't be dumb: make the dates.

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Posted

The decision whether or not to prosecute is up to the Riverside County District Attorney, not to you.

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Posted

While you can't simply drop the charges, you can refused to testify under section 1219 of the Code of Civil Procedure, and you cannot be found in contempt by the court for refusing. The effect is the same as if you drop the charges because without your testimony the people likely have no case.

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