How long does it take a DA to decide if they will move forward with an assault case?

UPDATED: Oct 1, 2022

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How long does it take a DA to decide if they will move forward with an assault case?

My ex and I got into an altercation almost a week ago and I called the police after
he struck me. I called the DA today to see what the status was and they told me
they already rejected the case. I also went to the PD yesterday to obtain the police
record but they had told me that it was still unavailable. Does this seem right?

Asked on November 21, 2017 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no answer to this other than "it depends." The law does not specify a time frame: every DA's office, and every Assistant District Attorney or full District Attorney in one, has his or her own way of working and could reject any given case whenever they want: either immediately, if on first glance they feel it's not a good case, or after investigation. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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