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California's No Drop Policy

By Neil Shous, Esq.

Contrary to popular belief, it is the prosecutor, not the victim who determines whether to file or drop California domestic violence charges. Many California prosecuting agencies go so far as to subscribe to a ?no drop? policy. This means that even if the victim doesn?t want to ?press charges?, the prosecutor will not ?drop? the case. There are two main reasons why prosecutors follow this protocol. The first is purely political. Due in large part to the O.J. Simpson murders trial, this state has vowed to take an aggressive stance on domestic violence charges. The second has to do with a common phenomenon known as the recanting victim. ?Recanting victims? are alleged victims of domestic abuse who change their stories once charges are officially filed...continue to full post

Full post as published by California Criminal Defense Blog on March 24, 2010 (boomark / email).