If my brother is charged with auto theft and burglary, could a DA drop charges?
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If my brother is charged with auto theft and burglary, could a DA drop charges?
His wife is accusing him of steeling a vehicle but he has his own keys and entry to his own house. Also, he did not know his wife had put a restraining order.
Asked on February 21, 2013 under Criminal Law, California
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the DA does not believe their is sufficient evidence to go forward, then the DA can make the decision to drop the charges. The information you describe could make a big difference in their decision to go forward with the charges. However, the DA may or may not be aware of the information you list in your question. If your brother wants to make sure this information is communicated, he should hire a criminal defense attorney to communicate it for him. It would be cheaper if he communicated the information himself, but any statements that he makes could potentially be twisted or come back to haunt him later. Even though a bit more on the front end, the attorney can help save a great deal of headache on the backend.
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