By: Criminal Defense Attorney Tracy Catherine Miller, Former Deputy District Attorney and Founder of Female-Owned Law Firm, Domestic Violence Legal Center®
When an alleged victim does not want prosecution what happens next?
In California, alleged victims have a right to a privately retained attorney to assist them with their voice in the criminal process. Sometimes that victim’s voice is clear and criminal defense oriented. For example, a wife may not want her husband prosecuted and as a former Prosecutor I would receive voicemails from alleged victims saying things such as: “I do not want to cooperate with the District Attorney’s Office in the prosecution of my spouse.” Prosecutors cannot talk to alleged victims because that will cause them to be a witness to a matter being investigated and there is no attorney-client privilege when an alleged victim speaks to a prosecutor or their investigator. The role of the Prosecutor is to make a decision on behalf of the State of California as to whether charges should be filed against a suspect. The decision is not up to a spouse and the District Attorney’s Office will only communicate directly with a victim’s lawyer. This is because the State does not represent individual victims, but instead represents society as a whole. Only privately-retained attorneys can represent victims in court because Prosecutors cannot, nor do they advocate for the victim’s desired punishment of their spouse in this example.
Remember, in the end, the Government is the entity prosecuting the suspect (or your spouse), not you. Also remember that police officers do not decide whether charges are filed. They are not lawyers, nor Judges. Therefore, as an alleged victim of domestic violence if you do not want your spouse prosecuted, time is of the essence after the suspect is released on bond from an arrest for you and your spouse to seek legal representation before charges are filed by the Government.
Call me immediately at (949) 429-8098, if you do not want your loved one prosecuted post-arrest for Pre-File Representation to create a customized Mitigation Plan where we work collaboratively toward the goal of getting the case rejected for filing by the District Attorney’s Office.
DISCLAIMER: participation in review of materials and information issued by Attorney Tracy Catherine Miller and/or her firm is not considered to create an attorney-client relationship and is only for purposes of thought-provoking and innovative consideration regarding the topics at issue.
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