police report sent to the D.A. asking for my arrest.

[speedallurement]

What is the name of your state? California

If a report was sent to the D.A. but the D.A. bounced back the report to the police department couse the D.A. felt like there wasnt a case that could be prosecuted. How long can the police hold my case/file. Until it is expunged, removed, without prosecution.

Being that they have a case on me, am i being charged with anything? And if so how long will i be charged for when nothing is done

 

[speedallurement]

i was also wondering if and how i could get the police reports, And if and how if there is a way to prosecute her for making false reports.

 

[CdwJava]

i was also wondering if and how i could get the police reports, And if and how if there is a way to prosecute her for making false reports.

You can ask the police department for any reports. Or, your attorney can obtain them through the discovery process. Most agencies will not give up reports without a subpoena or through discovery, but depending on the situation they CAN if they choose to.

Only the DA can file for making a false report to the police. If the police can prove beyond a reasonable doubt that she made a report to them KNOWING it to be untrue, then they can forward the case to the DA for review. Absent that,m you can always consult an attorney and consider suing her.


- Carl

 

[CdwJava]

If a report was sent to the D.A. but the D.A. bounced back the report to the police department couse the D.A. felt like there wasnt a case that could be prosecuted. How long can the police hold my case/file. Until it is expunged, removed, without prosecution.

Without a court order compelling it's destruction, the police can hold onto the file for as long as they want subject to state law and agency policy.

Being that they have a case on me, am i being charged with anything? And if so how long will i be charged for when nothing is done

For most misdemeanor offenses the state has one year to commence action, and for most felonies they have three years.

- Carl

 

[garrula lingua]

Don't be too sure that the case was rejected, permanently, for filing.

It may have been sent back to the PD for 'further investigation' (re-interview witness, proof of RO, follow-up with victim, verify vic's injury, etc.) & charges may still be filed.