It doesn't meet the elements. You know, the police think it does, we don't think it does. So ultimately, The DA's office has the ultimate discretion on what does and does not get filed and what kind of crime it gets filed. As the police may present a case for burglary of habitation, and we think, no, it's not really burglary of habitation, it's only a criminal trespass of habitation, or they may present criminal trespass of habitation. (21:35–21:43)
CLAIM
Asserts that the DA's office has ultimate discretion over case filings and charges.
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