December 28, 2023 By WK MKT

Why Would The DA Not File Charges?


Many people think the job of the District Attorney is to file charges. While this is true, it is also the DA’s job to decide when to file charges and when not to file charges. There are many reasons why the DA may choose to not file charges. 

If you have been accused of a crime, you need an aggressive defense attorney on your side. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL  for your free consultation!

Reasons for Not Filing Charges

One reason why the DA may not file charges is due to insufficient evidence. In order to convict someone of a crime, the prosecution must prove their guilt beyond a reasonable doubt. This means that they must present enough evidence to convince a jury or judge of the defendant’s guilt. If the DA feels that they do not have enough evidence to successfully prosecute you, they may choose not to file charges.

Another reason for the DA’s decision could be based on their priorities and limited resources. In California, prosecutors are often overburdened with a large number of cases to handle. They must carefully choose which cases to pursue in order to allocate their resources effectively. If your case is deemed to be a lower priority or if the DA believes there are more pressing matters, they may not file charges against your client.

Additionally, there may be political considerations at play. The DA is an elected official and their decision to file charges or not can have an impact on their reputation and chances for re-election. If the case is highly controversial or if there are public opinions that could sway the outcome of the trial, the DA may choose not to file charges in order to avoid potential backlash.

No matter the reason for the DA to choose to not file charges, it is important to know what that means for your case. 

What this Means for Your Case

If the DA chooses not to file charges against you, it is important to be aware of the pros and cons to this for your case. The DAs choice not to file charges can be a double-edged sword with both advantages and disadvantages.

Pros:

  • Avoidance of trial: Not being charged means there is no need for a potentially stressful and time-consuming trial. You won’t have to worry about testifying or about the jury’s decision.
  • No criminal record: If the DA does not file charges, you will not have a criminal record from this incident which could affect future employment opportunities, housing applications, or other facets of life.
  • Financial relief: Court proceedings can be costly. Not facing charges eliminates the need for these expenditures.

Cons:

  • Uncertainty and anxiety: Not knowing why the DA did not file charges can cause anxiety and uncertainty. You may constantly worry about the possibility of the DA reopening the case.
  • Potential for future charges: There is no guarantee that charges won’t be filed at a later date. The DA could gather more evidence and decide to press charges in the future.
  • Damage to reputation: Even without charges, being associated with a criminal investigation can damage your personal and professional reputation.

No matter if charges have been brought against you or the DA has decided not to file charges, it is important to speak to a knowledgeable defense attorney about your case. Your defense attorney will be able to look at the facts of your case as well as the procedural standing of your case and explain to you what your best course of action, if any is. Our attorneys at Wallin & Klarich have the experience you need. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!

Contact Wallin & Klarich Today 

If you are wondering whether the DA will choose to file charges against you, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case. 

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

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