D.A Rejects

*****Disclaimer: This is not legal advice and is for educational purposes only. This does not create an attorney-client privilege.

If you have recently been arrested, or on the chance you ever were to be, it is helpful to have a general understanding of what the process looks like from there. This blog will focus on one scenario that might happen after the booking process is over and done; being a D.A. Reject.

This is the outcome that everyone should hope for if they are arrested. If you are arrested, a couple things could happen. The first less than ideal option could be that the district attorney decides to move forward with filing charges against you, which would start you down a process of being arraigned and so on.

The next possibilities are much more positive. The first could be that charges are not filed. While this does mean that for the time being the case isn't moving forward, it does not necessarily mean it never will. If the DA or city attorney won't press charges at that point, they still have till the end of the statute of limitations to do so.

The even better outcome would be that the DA office officially rejects filing charges and dismisses the case. While it would technically still be possible for the office to reopen a closed case if new evidence comes to light or circumstances change, for the most part you can be reassured that you have avoided the necessity of defending yourself in court.

It is always advisable to push the filing rejection process along and encourage the DA, or city attorney, to not move forward with criminal charges after an arrest or other incident in which you feel you are under investigation or otherwise in jeopardy or criminal indictment. The best way to go about doing this would be to hire a strong criminal defense attorney and have them send the prosecutor in your jurisdiction a DA reject request/letter of representation.

A DA reject letter will do a few things. One, it will tell the prosecutor that the suspect, i.e. you, has retained a private criminal defense attorney. If the DA was eyeing your case as an easy conviction, they already got the message that this won't be an easy fight or a matter for an overworked public defender. In that preliminary letter, your attorney will make a brief, preliminary case for why you should not have charges brought against you and will direct their office to send all case information and correspondences regarding your criminal matter to the attorney.

With this letter, your attorney will also attach some evidence supporting your case. The first will be a formal declaration from you. Your attorney will help you to draft a statement, under penalty of perjury, regarding the circumstances of what happened and making a case for why you should not be charged. This route is best used in cases where you truly feel they are in the wrong with the charges. For something high stakes or that you know there is evidence implicating you, it may be advisable not to give this statement. No need to make an official statement regarding your defense if you need to play that card close to the chest. Your attorney will help make sure your statement doesn't implicate you in any way and once approved will have you sign off.

Along with their letter and your declaration, the attorney may include other evidence. For example, in a mutual domestic dispute, a declaration from the other involved party (saying it was a misunderstanding and that they don't think charges should be filed) can be a very strong argument in your defense. Other evidence that might be included could include photos, videos or screenshots proving you aren't culpable.

Sources:

https://www.avvo.com/legal-answers/what-is-a-da-reject--was-my-case-dropped-or-could--4931673.html

https://www.la-criminaldefense.com/what-happens-when-the-prosecutors-reject-a-criminal-filing-in-la-county/

https://www.wklaw.com/questions/can-i-be-charged-again-after-the-district-attorney-rejects-the-case/#:~:text=The%20district%20attorney's%20office%20may%20decline%20to%20prosecute%20or%20%E2%80%9Creject,if%20more%20investigation%20is%20required.&text=The%20California%20criminal%20defense%20attorneys,all%20types%20of%20criminal%20charges.

https://joehougnonlaw.com/dui-defense/no-charges-filed-ncf-vs-rejected-cases/

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