Why Does the District Attorney Reject Cases?

Even if a person is arrested, he might not be charged with a crime. This is because each decision – the decision to arrest and the decision to file charges – is made by a different authority. Police arrest someone when they believe that he has committed a crime. But only the District Attorney’s Office can file charges against someone.

Prosecutors have a duty to only file charges when they believe that the evidence is strong enough to secure a unanimous guilty verdict from a jury (that is, 12 random people from the community). And when a person is arrested and taken to jail, prosecutors must decide whether charges are warranted within 48 hours of the arrest, excluding weekends and holidays.[i]

This means that if a person is arrested and taken into custody on Monday, prosecutors must file charges against him by Wednesday. But if the person is arrested on Friday, then the District Attorney’s Office will have until the following Tuesday to file charges. If prosecutors decline to file charges within the 48-hour time frame, then the person will be released from jail.

Given their ethical duty and this small window of time, prosecutors sometimes reject cases, asking police to conduct further investigation before they agree to formally file charges. In essence, prosecutors reject cases when they determine that the evidence that they have is not strong enough to secure a conviction.

But having your case rejected and being released from jail doesn’t mean that your case is closed. This is because, depending on the crime, prosecutors may have one or several years to ultimately decide whether to file charges. This extended time frame is known as the statute of limitations, and it varies from crime to crime.[ii] So, even if a person is released after he is arrested, his case is never truly closed until the statute of limitations on his alleged crime expires.

Ask a Professional for Help

If you or a loved one has recently been arrested and released from jail, you may wish to speak with a lawyer about what comes next. For instance, you may wish to know what happens if the prosecutor eventually decides to file charges. Or, how long the statute of limitations is for your particular case. Or, whether there’s a way to seal the record of your arrest so that it doesn’t interfere with your employment prospects.

Michael J. Ocampo, is a skilled attorney and a former deputy district attorney. He understands that uncertainty — especially about significant matters like a criminal case — can be stressful, and he can help you discover what options are available to you during this pre-filing period.

If you’d like to discuss your case with Michael, contact him at 714-451-6834 to schedule a no-charge, initial consultation.