can i hire the district attorney who prosecuted me

A: If you are a victim of a crime, the District Attorney will assign himself or an assistant district attorney to prosecute the case on behalf of you and the State. If you are the defendant in a case, you may hire a private attorney of your choice to represent you in legal proceedings.

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Can a Prosecutor decide not to seek formal criminal charges?

Mar 30, 2015 · 9 reviews. Avvo Rating: 9.2. Workers' Compensation Lawyer in Roseville, CA. Reveal number. tel: (916) 788-2777. Call. Posted on Mar 30, 2015. More than likely, if the DA has a solid case for robbery/burglary, they are not going to bother with lesser charges. The above answer does not constitute legal advice.

Can a private person force the prosecutor to act?

A prosecutor is the attorney that decides what charges to file against an individual accused of a crime and then proceeds to try the case in front of a judge or grand jury. The District Attorney, who is elected by the residents of his or her respective district, is in charge of overseeing all the lawyers that prosecute criminal cases. Working ...

Can a victim get a court order to prosecute a suspect?

Jan 24, 2020 · In New York, PL 195 covers official misconduct. There is some relevance to the question, because often DAs will not prosecute official misconduct charges, and police are reluctant to even investigate. However, a private entity could file and make the crime cognizable, and then hire an attorney to prosecute, if the DA failed to do so.

What is prosecutor discretion?

Although in almost all jurisdictions a victim will not be able to obtain a court order requiring the prosecutor to act, a victim may hire an attorney to prosecute the suspect if the victim lives in one of the few jurisdictions that allow private prosecution.

What are the ethical obligations of a prosecutor?

The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.

What types of ethical violations and punishments have been associated with prosecutors and defense attorneys?

What happens when a prosecutor violates ethics rules?Violating discovery rules.Behaving improperly in court.Prosecuting cases without probable cause.Using evidence that is wrong or misleading.Being unprepared and incompletely fulfilling duties.Inappropriately contacting jurors, witnesses, judges and defendants.More items...•Mar 8, 2018

What constitutes vindictive prosecution?

Vindictive prosecution is when a prosecutor violates a defendant's due process rights and if they are using their decision to prosecute the defendant for purposes of retaliation.Oct 19, 2020

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense?

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense? The court dismisses the charges against the defendant.

What to do if you don't like the DA?

If you don't like the DA's decision, you can 1) Go to law school, 2) pass the bar exam, and 3) get elected District Attorney. By the time you finish with that, the statute of limitations will have run and it will be too late to file charges.

Is false reporting a misdemeanor in Arizona?

False reporting is a misdemeanor. Burglary is a felony. You are entitled to restitution, which the DA should have had ordered on a plea agreement. Other than that you should feel good that justice has been done. Sometimes the DA just never charges cases based on...

What is the job of a DA?

The job of a DA is to decide if, when, and how cases will be prosecuted.

Can the DA prosecute a crime?

Finally, in some jurisdictions the DA and police agencies may elect to not prosecute and/or charge crimes which that agency believes are not legal, for example ones which are deemed as being unconstitutional. In New York, such announcement was made with respect to capacity of handguns.

Does the San Francisco DA prosecute public urination?

San Francisco DA announced that he won't prosecute certain crimes like public camping or public urination (second source). " San Francisco's new district attorney has chosen social justice over the rule of law " according to one opinion. Can he do that?

Does the DA prosecute?

The DA has discretion to prosecute (or not) each case on its individual merits considering justice, efficiency and the public interest among other things. They are not supposed to adopt a “one size fits all” approach.

Why can't a prosecutor pursue a criminal case?

A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure. Prosecutors are attorneys employed or contracted by federal, state, and local governments to prosecute suspected criminal offenders on behalf of the community they represent.

What happens if a prosecutor decides not to pursue a criminal case?

Alternatives Available to a Victim. In many jurisdictions where a prosecutor decides not to pursue a criminal case, the victim will have little recourse. Public pressure, aided by social media, may cause a prosecutor to reconsider the decision not to pursue a criminal case.

What is the concept of prosecutorial discretion?

In any criminal investigation, a prosecutor chooses which charge or charges to file or seek from a grand jury. A prosecutor also has the discretion to refrain from filing any charges at all.

Why do prosecutors face political pressure?

Because the role of top prosecutor is an elected position in many juris dictions, prosecutors may face political pressure to prosecute or refrain from prosecuting a person suspected of committing a crime. Limited resources.

Why do prosecutor decline to press charges?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What are the duties of a prosecutor?

Prosecutors must carry out their duties to the public they represent , but like most public agencies and private businesses, resources are finite. A prosecutor may decide to make prosecution of certain offenses a priority, while offenses that are deemed lower priority might not be as vigorously pursued.

What is a writ of mandamus?

This approach involves using a legal tool called a "writ of mandamus.". Usable when a public official fails to take official action, a private person may seek this writ, which asks for a court order directing an official to perform a duty that the official is under a legal obligation to perform. A writ of mandamus, however, is not available in most ...

What happens if a DA does not file a murder charge?

Usually, when a DA decides to not file a murder charge, they consult with the other homicide DA's and do a "round... 1 found this answer helpful.

What is the DA's job in Orange County?

Unfortunately, there is no higher court to appeal to. In Orange County, a homicide DA is assigned to review the police reports regarding the killing. If the assigned DA determines there is not enough evidence to convict the suspect beyond a reasonable doubt, they will not file the murder charge. Usually, when a DA decides to not file a murder charge, they consult with the other homicide DA's and do a "round...