Was arrested for Mis. Battery 243a, Now case given to DA because of Injuries - should a Lawyer try to contact filing officer?

Asked about 2 years ago - Los Angeles, CA

Bycontacting filing officer, can you stop them from pressing charges or is it inaccurate to think an Attorney can make a difference now and stop them from filing?

Attorney answers (6)

  1. Chrystine Denise Carvalho

    Contributor Level 8

    5

    Lawyers agree

    Answered . The filing officer does not press/file charges the District Attornney does. The filing/report officer merely takes the information and forwards it to the District Attorney's Office for review and filing.

  2. John M. Kaman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . My colleague is correct; however in rare cases an attorney's intervention with the investigating officer can result in his/her not passing the file on to the DA. It's worth the effort and in the past I have done this successfully, as I said, not in every case, but rarely.

  3. Carmen S Tankersley

    Contributor Level 6

    5

    Lawyers agree

    Answered . I agree with the answer above, even though it might be rare that cases get dismissed at this stage, it is worth hiring a lawyer to contact the person in charge of making the charging decision and try to get it thrown out. Since, I recommend you hire an attorney if you are charged, you might get one early on to make as much damage control as possible. Good Luck!

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . My colleagues are correct . An attorney is needed, and may be able to prevent charges from being filed.

  5. Robbi Abrams Cook

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . I agree with all of the above. Don't get your hopes up - most often, there is little to be done to sway the filing officer from referring the case to the D.A. Once an arrest has been made, especially for domestic violence charges - but worth hiring a lawyer now to give it a shot.

  6. Jennifer Diem-Trang Le

    Contributor Level 13

    3

    Lawyers agree

    Answered . An attorney may be able to conduct pre-filing investigation, and find out much information for you during this process. Like many people in your situation, you will have many questions. Even if an attorney may not be able to stop the case from being filed, your attorney will provide you with valuable guidance and explanations so you are never wondering what is happening.

    I would be interested in knowing what happened leading up to your arrest. Just because you were arrested for this, does not mean you will be found guilty. Many factor affect the outcome of the case, including who was the initial aggressor, what witnesses were present, what were the injuries to either party, and what were your statements to the police?

    Don't list them here, talk to an attorney in a confidential consultation to get a thorough evaluation.

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