Can I Demand That The Police Arrest A Person Who Committed A Crime Against Me?

We are often asked this question. While you have the legal right to make a police report when you believe a crime has been committed against you, the decision as to whether to arrest the “suspect” is left to the complete discretion of law enforcement.

If you want to increase the chances of the person being arrested you should have all of your evidence in order when you speak to law enforcement. For example, if you are claiming that the person stole from you then that could be a criminal offense. However, you should type out your statement in detail explaining why you feel a criminal theft occurred. You should attach written documentation that you owned the item in question (including a receipt for its purchase if you have it).

The police are legally obligated to “investigate” a report of a crime. However, keep in mind that unless the police believe that the accused can be found guilty “beyond a reasonable doubt” they may not recommend that the District Attorney file criminal charges.

The final decision as to whether to prosecute the accused rests not with the police but rather with the District Attorney’s office in every county in California. The District Attorney will receive all of the information provided to him or her from the police agency who investigated the case. The District Attorney can decide to file criminal charges (at which point the accused could be arrested or sent a letter to appear in court). The District Attorney could decide to reject the charges and that would mean no criminal charges would be filed. Finally, The District Attorney could decide to send back the case to the police agency for “more investigation”.

If at any time if you do not agree with the decision of the District Attorney you can attempt to contact their office and speak to them to try to find out what was the basis for their decision.

In summary, remember that you as a possible “victim” of a crime are not the one prosecuting the accused. The accused is being prosecuted by the People of the State of California.

Wallin & Klarich has been helping those accused of a crime for over 40 years. If you or a loved one is facing a criminal case in Southern California call now at 888-749-0034 for a consultation or fill out our intake form for immediate assistance. With offices located throughout the Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura counties, we are able to be there for you wherever you happen to live. We will be there when you call.