how to get district attorney to increase or add charges

Can a prosecutor add charges after the case has been heard?

Mar 29, 2015 · 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.

How do I contact the district attorney for a criminal case?

Apr 20, 2012 · The district attorney and his/her deputies are given prosecutorial discretion which means that they can add, drop, or amend charges filed against a defendant. Report Abuse CF Correen Wiley Ferrentino (Unclaimed Profile) Update Your Profile Answered on Apr 24th, 2012 at 6:39 PM It can if he believes he can prove the charge beyond a reasonable doubt.

Can a party drafting the contract win the Attorney’s fees?

Sep 11, 2012 · The District Attorney decides what charges get filed, not the police. It is very common for the DA to add charges or change charges from what the police originally booked the person for. Report Abuse. ... The prosecuting attorney can typically add new charges, but if it is too close to the trial date and additional time is necessary for you and ...

Should I write to the district attorney?

Such charges can even be added after the prosecution rests, which we believe is improper. We warn such a celebration maybe premature. After all, our office has handled many cases wherein charges are both added and dropped after a case is filed. This can happen even during trial, after to our client’s immense surprise.

Can a D.A. add charges?

Sure, the D.A. can always ammend the charge and/or add new charges as new information becomes available. Your son should consult with his attorney regarding what he should do next.

Can a district attorney change a filing document?

The district attorney can change the filing document to add or delete counts. To add a count (as in your son's case) the district attorney files and amended complaint. This in what was done in your son's case.

Can a prosecutor add charges?

The prosecuting attorney can typically add new charges, but if it is too close to the trial date and additional time is necessary for you and your attorney to prepare to respond to the new charges, then you may ask the judge for a continuance.

Who decides what charges are filed?

The District Attorney decides what charges get filed, not the police. It is very common for the DA to add charges or change charges from what the police originally booked the person for.

Can the police bring charges to anyone?

The police cannot bring or add charges to anyone. Only the District Attorney can do this. If they get additional evidence, they can add additional charges. But, you must be arraigned anew on each new charge.

Can you get your attorney's fees reimbursed?

You can avoid the “American Rule” and get your attorneys’ fees reimbursed if your contracts provide that the prevailing party in a lawsuit is entitled to fees. This provision is easy to include, and you should always insist on such a provision if you are concerned about recovering attorneys’ fees.

Do you have to pay your own attorney fees in California?

California follows the “American Rule,” which provides that everyone has to pay their own attorneys’ fees – even if you win at trial. Imagine getting sued for something frivolous, having to pay your attorneys thousands of dollars to defend yourself, winning the lawsuit and then hearing you can’t recover your attorneys’ fees. Also, consider the toll on a small company forced to pursue a case where only a few thousand dollars are at issue and then learning it cannot recover its attorneys’ fees. Sometimes the fees can equal (or even surpass) the amount at stake. A larger company can often “out gun” the smaller company in litigation, driving fees so high the smaller corporation is forced to abandon a valid claim because it cannot afford to litigate.

What is the Code of Civil Procedure Section 998?

Before trial, parties can offer to settle their cases pursuant to Code of Civil Procedure Section 998, which punishes a party who rejects a reasonable settlement offer. Sometimes, this even includes expert fees and attorneys’ fees if the contract has an attorneys’ fees provision.

What happens if your insurance company denies your claim?

If your insurance company denies your claim in “bad faith,” and you sue to force your insurance company to pay, you may be entitled to recover your attorneys’ fees, even if your policy is silent on the issue. Recently, Klein & Wilson received a $1 million verdict for a client whose insurance company refused to pay a covered claim. Before proceeding to the phase of the trial where punitive damages and attorneys’ fees would be decided, the insurance company agreed to settle the whole case for $1.5 million.

What is a government contractor bond?

Government contractors whose contracts involve expenditures of more than $25,000 must file a payment bond . The prevailing party in any action against the surety on the bond must be awarded reasonable attorneys’ fees. This means that if you are involved in construction in the public arena, there may be a place for you to recover your attorneys’ fees if you are forced to sue for payment.

How to address a concern with the district attorney?

The district attorney may not have the authority to address your concern, and may simply refer you to another office. If you are not sure to whom you should address your concern, consider telephoning the district attorney's office or contacting an attorney.

Is "district attorney" capitalized?

"District attorney" is not a proper noun, and does not need to be capitalized unless it is being used as a person's title. For example, "I have a question for District Attorney Johnson" versus "I have a question for the district attorney."