Determining the county to file charges

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A complaint is in the hands of the DAs office in a county that none of the 3 parties involved live or work. As the accused,could we avoid this by disputing how it was filed?

Attorney Answers

4
Robert Marshall ·
Criminal charges can be filed in the county where the offense occurred, or in a county that has a substantial relationship to the offense. Where the "parties live or work" is irrelevant. If charges are filed in a county that does not have jurisdiction over the crime, that can be grounds to dismiss the case; however, it does not seem that you have sufficient legal knowledge or experience to attempt that yourself. I strongly recommend that you hire a lawyer instead of treating this like fixing a leaky faucet or some other DIY project. If you are charged and can't afford a lawyer, the judge will appoint one when you make your first court appearance. If you fail to go to court as ordered, the judge will issue a warrant for your arrest.
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Jay Finnecy ·
Agree with Mr. Marshall completely. Criminal complaints are filed in the county where the alleged crime occurred. Makes no difference where the defendant lives or works.
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Greg Hill ·
Usually, a complaint will be filed in the county where the crime took place. This is Penal Code section 777. Sometimes, there can be more than one county at issue. Below is a link to two short articles that may help you understand this issue when more than one county is at issue, but also in helping you better understand the principles of where a case is filed.
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Raymond Wood ·
Filing jurisdiction of a criminal complaint is governed by the situs of the crime, not by where the parties live or work. So, the short answer to your question is, no.
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