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In California, may a prosecutor condition dropping criminal charges on a defendant's release of civil liability or claims, or admission that probable cause existed for the charges?

No.

In State Bar of California Formal Opinion No. 1989‑106, the State Bar of California advised that a prosecutor may not condition dropping criminal charges on a defendant’s promise to admit probable cause or release the police from civil liability.

Doing so is an improper threat violating the principle that a lawyer may not threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.

Why is this important for your civil‑rights case?

An admission that probable cause exists would preclude a malicious-prosecution claim, because one element of malicious prosecution is an absence of probable cause. The principle in the ethics opinion protects your right to pursue civil claims—even after criminal charges are dismissed. Prosecutors may not ethically leverage a dismissal to force you to give up claims under Section 1983, the California Bane Act, or other laws.

It still happens. But it shouldn't. It's wrong for prosecutors to flex their power this way. If civil claims are really meritless, then prosecutors, as supposedly independent actors, shouldn't be covering for police. Let the process unfold.


Related Practice Areas
Legal Ethics & Professional ResponsibilityPolice Misconduct & BrutalityCalifornia's Bane Act: Protecting Your Civil Rights from Threats and CoercionSection 1983 Litigation: Holding Government Officials Accountable for Constitutional ViolationsPolice Brutality in California: What Are Your Rights?

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