
Many people believe a criminal case will be dismissed if the victim does not want to press charges. In California, that is not how the system works. Once police are involved, the case is controlled by the District Attorney, not the victim.
A victim cannot βdropβ criminal charges. Prosecutors may move forward even if the victim recants, refuses to testify, or wants the case dismissed. This is especially common in domestic violence cases, where prosecutors often rely on other evidence such as 911 calls, photos, witness statements, or medical records.
In some situations, victims may even be subpoenaed and required to appear in court. While a case can be weakened without victim cooperation, it does not automatically go away.
Early legal intervention is critical. A defense attorney can communicate with prosecutors, challenge the evidence, and work to reduce or dismiss charges before the case escalates.
Eric Alan Berg and Associates represents clients throughout Northern California facing criminal charges.
π Call (530) 223-5100 or visit bergslaw.com to request a confidential case review.
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