What do I do if the District Attorney rejects a criminal complaint? 11 Answers as of February 15, 2012

If the District Attorney does not file a complaint, this means that they do not want to file on the case yet. This could be for a number of reasons. If they do not file on your case ever, you are fine. However, they may be waiting for evidence to come in or for test results.

Celebrate. The City Attorney can't or won't prosecute. The DA thinks they don't have a case. You are free.

The District Attorney's Office has one year to file a misdemeanor and two years to file most felonies. If the DA truly rejected your case, it means they did not file criminal charges. However, it is not too late to file until the statute of limitations expires.

Thank god. Your only problem now is that the City Attorney might get probation to revoke you even if the DA declines prosecution.

I guess I don't understand your position in this matter. If you are on probation, and you are the potential Defendant, why would you want to pursue this matter? To do so, may place you in serious jeopardy for violation of your probation and other charges.

You should be happy and hope for two things: they don't decide to file it in the future, and that they don't try to violate your probation instead (which they can still do because it requires less proof of the unfiled case.)

If I understand you correctly, city police forwarded a request for prosecution, but the DA's Office declined. If that's the case you have no worries unless the DA's Office decides otherwise. The DA's Office can still file charges until the statute of limitations runs. If they've received everything (no new investigation to be conducted) and passed on prosecution then it is highly unlikely that charges will ever be filed.

Well, you don't do anything until and unless either new charges or a revocation petition is filed. It is most unusual for a case to get rejected in a battery on a police officer situation. It could be that the case was sent back for further investigation to fill in a few holes that the prosecutor saw in the case. When that happens, the case is re-submitted after the investigation is supplemented, and charges can be filed at that time. You might consider hiring a lawyer to monitor this situation for you. She/he can be in touch with the prosecutor and/or investigator to see what the status of the case/investigation is, and advise you accordingly.

Not all arrests or citations result in the filing of criminal charges. If you were arrested or cited and the district attorney rejects the complaint then you will not be taken to court on that charge. However, if you are on probation the arrest or complaint could be used to violate your probation. If the district attorney is following this course the next thing that happens is you are brought before the court to admit or deny the violation. If you denied the violation you would have a probation violation hearing.

You should go out and celebrate.