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Started By
Message
Criminal law question for OT lawyers
Posted on 8/30/24 at 10:48 am
Posted on 8/30/24 at 10:48 am
If you felt that you were a victim of a crime, but the DA failed to prosecute or you don’t agree with the charges, do you have any other recourse? I’m not including a civil action.
17
Posted on 8/30/24 at 10:50 am to Bamafig
quote:
If you felt that you were a victim of a crime, but the DA failed to prosecute or you don’t agree with the charges, do you have any other recourse?
Yes. You could....
quote:
I’m not including a civil action.
... in that case, No.
Posted on 8/30/24 at 10:52 am to Bamafig
Stop having sex. Sue the DA for loss of consortium.
This post was edited on 8/30/24 at 10:53 am
Posted on 8/30/24 at 10:53 am to Bamafig
See if they still have pay phones at the airport
Posted on 8/30/24 at 10:54 am to Bamafig
If in the City, try taking the case or charges to the parish?
Posted on 8/30/24 at 11:01 am to Bamafig
Posted on 8/30/24 at 11:05 am to Bamafig
quote:
If you felt that you were a victim of a crime, but the DA failed to prosecute or you don’t agree with the charges, do you have any other recourse? I’m not including a civil action.
Definitely
Vote for a different DA
Posted on 8/30/24 at 11:07 am to Bamafig
quote:
If you felt that you were a victim of a crime, but the DA failed to prosecute or you don’t agree with the charges, do you have any other recourse? I’m not including a civil action.
Short answer, no.
Longer answer, depends on the crime and the jurisdiction.
Posted on 8/30/24 at 11:08 am to Bamafig
You're pretty much done in that case. DAs like prosecuting and processing so he/she wants to get the biggest bang for the buck. Sometimes what they can prove is wanting.
Posted on 8/30/24 at 11:10 am to Bamafig
Other than crying to the media and hoping they will apply public opinion pressure, no, not really.
Posted on 8/30/24 at 11:14 am to Bamafig
At this point, you might as well give us the details. Many times I find that people who complan about the charges or unwillingness to prosecute cannot or refuse to see how difficult it might be to prosecute the case. Other times, they are right and the DA's office (or investigation agency) is a clown show.
Posted on 8/30/24 at 11:16 am to Bamafig
to prosecute or not prosecute is a decision exclusively for the DA in state district court. No one can force him to prosecute or not prosecute. Like others have suggested, you can see if a city court prosecutor would take the case (no felony) or maybe the US attorney would be interested in prosecuting him in federal court. you're probably out of luck.
if you're injured (not just physically) file a civil lawsuit.
if you're injured (not just physically) file a civil lawsuit.
Posted on 8/30/24 at 11:41 am to Bamafig
Go to the media and any relevant social media groups like a Concerned Citizens type group.
Posted on 8/30/24 at 12:09 pm to Bamafig
quote:
If you felt that you were a victim of a crime, but the DA failed to prosecute or you don’t agree with the charges, do you have any other recourse? I’m not including a civil action.
Contact your local TV or radio station. If the situation is egregious, they may put the DA on blast for you.
Posted on 8/30/24 at 12:17 pm to piratedude
quote:
to prosecute or not prosecute is a decision exclusively for the DA in state district court.
Wrong. LA Attorney General's Office can and does charge cases when the local DA elects to not do his or her job. See the recent goings on in New Orleans for an example where they are taking cases that JackWagon Jason Williams is letting walk.
That being said, the AG's Office isn't picking up a case in a jurisdiction unless there is an EGREGIOUS miscarriage of justice, clear cut corruption or some political points involved. All three count for what is going on in Orleans Parish.
This post was edited on 8/30/24 at 12:47 pm
Posted on 8/30/24 at 12:31 pm to jbgleason
jbgleason is right. The AG could prosecute something that a DA chooses to ignore, but it would have to be an extraordinary set of circumstances.
Posted on 8/30/24 at 12:50 pm to Bamafig
Depends, if it is a city issue and not prosecuted, you could ask the County to step in. Sometimes they are more than willing to help out.
Posted on 8/30/24 at 1:02 pm to BiggerBear
quote:
At this point, you might as well give us the details
Sorry. This doesn’t apply to me, specifically. The only mischief I am involved in is occasionally on TD. I enjoy watching the videos of people getting upset when they are photographed in public (different OT thread) and videographers get the inevitable reaction and are pushed or get the camera slapped out of their hands. The cops show up because they want the person arrested for assault. The cops usually tell them they will make a report and the DA will decide to pursue or not.
Posted on 8/30/24 at 1:03 pm to Bamafig
It is the district attorney’s decision whether to bring charges. You are SOL unless you can find another prosecutor’s office with jurisdiction such as the attorney general or the US Attorney.
Posted on 8/30/24 at 1:04 pm to Bamafig
Prosecutors have prosecutorial discretion. They can decide whether or not to pursue charges or what charges to pursue.
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