Lafayette, CA Criminal Defense Law Firms & Lawyers

Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If the "victim" wishes to have the charges dropped or dismissed, he/she should talk with the D.A. However, the final decision will be up to the D.A. You also have another problem. Anyone who files a false police report in California is guilty of a misdemeanor with a potential jail sentence of up to one year. If the statements you gave the police were false, you and your father may be guilty of a misdemeanor.

The general rule is: Records are forever. However, you can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony and misdemeanor convictions [and now recently included are infractions like yours] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if all terms of sentencing [which would include your term of license suspension] and at least one year of probation are completed [or the court grants an earlier termination of probation by a motion and court order], and if there are no new charges pending. If successful, the conviction or plea would be retroactively withdrawn and the charges dismissed. Expungement does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. The bad news for you is that your Motion and Application would have to specifically request that the license suspension be set aside. That is not usually part of an expungement request, and I cant guarantee it will be granted. Youll have to pay and roll the dice to find out. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

Things are starting off on the right foot given the time that has elapsed and the lack of physical evidence. The case sounds suspect out of the gate. The other facts may or not matter; it just depends, but without any unbiased witnesses I would think that this case will not ever be charged and if it is is it would be hard to prove and so readily subject to a satisfactory plea bargain if it gets that far.