Does a prosecutor have an independent judgment in filing a criminal complaint?

California, United States of America


The following excerpt is from Valentin v. Superior Court, 92 Cal.Rptr.2d 668 (Cal. App. 2000):

Plaintiffs further contend the trial court erred in limiting their section 1983 damages to injuries which occurred prior to the filing of the criminal complaint. They argue under federal law they are entitled to compensation for all injuries attributable to defendants' conduct after the filing of the criminal complaint if they can prove the prosecutor did not exercise independent judgment in filing the complaint. (Smiddy v. Varney, supra, 665 F.2d at pp. 266-267.)

Other Questions


Can a prosecutor add an additional charge or allegation under section 739 of the Criminal Code to the criminal complaint of a defendant in a sexual assault case? (California, United States of America)
Can a court clerk be held liable under section 821.6 of the California Criminal Code for failing to file a criminal complaint against plaintiff? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
What is the effect of filing a criminal complaint for the purposes of the Sixth Amendment? (California, United States of America)
Can a criminal charge be filed directly in a court of criminal jurisdiction pursuant to section 707(d)? (California, United States of America)
Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)
Does the late filing of a complaint in an intervention action require the respondent to respond to the complaint within the time set out in the summons? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.