Is a District Attorney's Office required to establish proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses?

California, United States of America


The following excerpt is from People v. Gwillim, 223 Cal.App.3d 1254, 274 Cal.Rptr. 415 (Cal. App. 1990):

[223 Cal.App.3d 1276] Government Code section 26501 requires a district attorney to "institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when he has information that such offenses have been committed." A district attorney's office is not required, however, "to dissipate its effort on personal grievance, fanciful charges and idle prosecution." (People v. Municipal Court (1972) 27 Cal.App.3d 193, 205, 103 Cal.Rptr. 645.)

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