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If the police are not arresting, they were the ones who made the decision not to prosecute… not the DA. They may blame the DA, but really they just didn’t want to do the paperwork.


The DA is the entity who decides to pursue charges against a suspect or not. The police can only arrest and recommend.


The prosecution and the arrest are independent. In particular, the DA can charge someone with a crime and then get the police to arrest them because they’re a flight risk, a danger to the community, or they don’t show up for court dates.


Without an arrest, the DA can't file criminal charges. They need the paperwork that SFPD refuses to file.




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