what can an officer do if a district attorney will not file on a case

Why does the district attorney reject my case?

Feb 05, 2021 · The complainant must do more than merely assert the district attorney’s decision is flawed in these regards. The complainant must show the facts of the case lead only to the conclusion that the district attorney’s decision was patently discriminatory, arbitrary or pretextual, and therefore, not in the public interest.

What happens if the district attorney fails to act?

“The Case Has Been Sent to the District Attorney’s Office” Police agencies in Oregon do not make formal charging decisions in criminal cases. Police officers can cite people for crimes and arrest people for crimes, but formal criminal charges need to come from District Attorneys’ Offices. Deputy District Attorneys in Oregon (also referred to as simply “prosecutors”) are typically the …

Can a state Attorney General take over a case from the da?

A district attorney can simply agree to dismiss the case, which means it will not proceed to trial. The defendant can agree to plead guilty, which means the case will not proceed to trial. The D.A. cannot otherwise deprive a defendant of their Constitutional right to a trial.

Why hasn’t my police report been sent to the district attorney’s office?

Oct 23, 2017 · Answer: When a case is rejected, it means that the prosecutor does not feel that there is enough evidence, at the moment, to warrant filing criminal charges against you. This does not necessarily mean, however, that you are off the hook. A prosecutor can reject a case and instruct the police to investigate further in hopes of strengthening the ...

What are the four types of prosecutorial misconduct?

What happens when a prosecutor is unethical?

What do prosecutors have which gives them power to decide what charges to file and whether or not to negotiate a plea agreement?

How long does a prosecutor have to file charges in Washington state?

What is the Brady rule?

What are the consequences of prosecutorial misconduct?

What is the most common charge against prosecutors?

What is one reason prosecutors may decide to dismiss cases?

What standard of proof is necessary for defendant guilty?

What is a Class C felony in Washington State?

Is there a statute of limitations in Washington state?

What is a gross misdemeanor Washington State?

What is a case where charges have been dismissed?

A situation where charges have been dismissed is different from a situation where charges were never filed. In the case of dismissal, the prosecutor actually formally filed criminal charges with the Court, and then dismissed them by motion later.

What are the ways a criminal case can end short of a conviction?

There are various ways in which a case can end short of a conviction: including dismissals and acquittals, and no charges filed.

Do police make charges in Oregon?

Police agencies in Oregon do not make formal charging decisions in criminal cases. Police officers can cite people for crimes and arrest people for crimes, but formal criminal charges need to come from District Attorneys’ Offices. Deputy District Attorneys in Oregon (also referred to as simply “prosecutors”) are typically the ones who make most charging decisions– although in some high-profile cases, the actual District Attorney for a given county may make the ultimate charging decision. Prosecutors typically get their intake (that is, charges for their consideration) in the form of a printed or electronic packet of police reports from a police agency. Cases alleging serious felonies where a victim has been physically injured or even killed– and where a suspect is in custody– obviously take the highest priority in terms of time-sensitivity and public safety. A case alleging a low-level non-person misdemeanor criminal charge– when the suspect is out of custody– has little or no time-sensitivity at all. Therefore, most District Attorney’s Offices will have one or more prosecutors assigned each day to review in-custody intake (that is, cases that need a fast charging decision because the suspect is in-custody, and will be released if no charges are filed). Often times prosecutors will file something against a suspect who is in-custody simply so that they can attempt to hold a suspect that they perceive as dangerous in-custody, or at least so that they can obtain court-ordered release conditions with an open case. However, if the case is a non-person case, and fairly low-level in terms of seriousness, it will end up in a literal stack (on the prosecutor’s desk) or in a virtual stack (on a computer server) for review when the prosecutor has time to make a charging decision.

How long does it take to get a criminal report back?

If a given case has had materials sent to the crime lab for analysis, it can be several weeks or even several months to receive an official report back.

Do felony cases go to grand jury in Oregon?

Felony cases in Oregon are required to go before a grand jury unless the process is waived by the defendant. Most cases that are presented to a grand jury result in criminal charges. However, many grand juries are booked very heavy and therefore out-of-custody low-level offenses may not be presented to grand juries in a very timely manner. It could take weeks for a low-level drug case (for example) to be submitted to a grand jury.

Can charges be filed if new evidence comes to light?

In any event, it’s important to understand that in many cases, charges could possibly be filed if new evidence came to light. The only legal barrier to the prosecutor filing charges would be the statute of limitations or a lack of speedy trial.

What is the difference between acquittal and dismissal?

An acquittal comes after a jury trial or bench trial (trial to the judge only). An acquittal is very similar to a dismissal in terms of the legal effect, and– as with a dismissal– it’s important to note that an expungement of the criminal arrest and charges may be available immediately rather than after a delay.

What is a district attorney?

The District Attorney is a lawyer who represents the state in a criminal trial; they do not personally investigate crimes, but instead use the police and other related investigators to do so. This answer is not a substitute for professional legal advice. Th…. (more)

What to do if the mayor doesn't work?

If that doesn't work, contact the mayor's office. While the mayor's office probably won't have the resources to investigate crimes itself, the mayor's office may be able to put pressure on the police to investigate if enough citizens complain. 2. Contact the Press.

What do police do in a criminal case?

For complex cases, the police do an initial investigation of the crime. They interview witnesses, collect evidence, and determine who should be charged with the crime.

Do police find out who did it?

They are not always as focused on making sure they have enough evidence to convince a jury that the defendant did it . For complex cases, the police do an initial investigation of the crime.

What does the prosecuting attorney do?

The prosecuting attorney reviews the evidence to determine if there is sufficient evidence to successfully prosecute the person. If additional evidence is needed, the PA may send it back to the police for more work, or may assign its own investigator. Difficult cases always have problems with the evidence.

What happens when you go to the police?

Somebody mugged you in a dark alley after a night at the bar. Somebody assaulted you while you were drunk. When you go to the police, they refuse to investigate your case. There are lots of reasons police won't pursue a case. Maybe the value of your loss is too little.

Why won't the police investigate my case?

Somebody assaulted you while you were drunk. When you go to the police, they refuse to investigate your case. There are lots of reasons police won't pursue a case. Maybe the value of your loss is too little. Maybe after an initial look, there is just no evidence to warrant further work.

Can a prosecutor reject a case?

A prosecutor can reject a case and instruct the police to investigate further in hopes of strengthening the evidence against you. Or a prosecutor can reject a case outright and terminate further police investigation.

Can you tell which choice the prosecutor made?

Since you cannot know which choice the prosecutor made unless you obtain a copy of the prosecutor’s written rejection , it would be prudent to assume that the prosecutor rejected the case and instructed the police to conduct further investigation.

What does it mean when a case is rejected?

Answer: When a case is rejected, it means that the prosecutor does not feel that there is enough evidence, at the moment, to warrant filing criminal charges against you. This does not necessarily mean, however, that you are off the hook.

Is assault with a deadly weapon a felony?

Generally, assault with a deadly weapon can be charged as a felony or a misdemeanor. Penal Code §§245 (a) (1), (2), (4). If charged as a misdemeanor, prosecutors have up to 1 year from the date of incident to file charges. Penal Code §802 (a).

How long do you have to file a misdemeanor charge?

If charged as a misdemeanor, prosecutors have up to 1 year from the date of incident to file charges. Penal Code §802 (a). If charged as a felony prosecutors have up to 3 years from the date of incident to decide whether to file charges. Penal Code §801.

How long do you have to wait to see if you are charged with a crime?

However, if you don’t get an answer in writing, you may have to wait anywhere from 1 to 6 years to see if the prosecution will file charges against you.

How long do you have to wait to get your charges expunged?

However, if you don’t get an answer in writing, you may have to wait anywhere from 1 to 6 years to see if the prosecution will file charges against you. It is premature to expunge your matter; expungement cannot occur until after you have been convicted and complete probation. Penal Code §1203.4 (a) (1). But,if you would prefer not ...

What happens if a prosecutor refuses to file charges?

If prosecutors decline to file charges within the 48-hour time frame, then the person will be released from jail. Given their ethical duty and this small window of time, prosecutors sometimes reject cases, asking police to conduct further investigation before they agree to formally file charges.

Why do prosecutors reject cases?

In essence, prosecutors reject cases when they determine that the evidence that they have is not strong enough to secure a conviction.

Why is pre-filing not a crime?

This is because each decision – the decision to arrest and the decision to file charges – is made by a different authority. Police arrest someone when they believe that he has committed a crime.

Can a person be charged with a crime if they are arrested?

Even if a person is arrested, he might not be charged with a crime. This is because each decision – the decision to arrest and the decision to file charges – is made by a different authority. Police arrest someone when they believe that he has committed a crime. But only the District Attorney’s Office can file charges against someone.

When do prosecutors have to decide if a person is in jail?

And when a person is arrested and taken to jail, prosecutors must decide whether charges are warranted within 48 hours of the arrest, excluding weekends and holidays. [i] This means that if a person is arrested and taken into custody on Monday, prosecutors must file charges against him by Wednesday.

How long does it take to get out of jail if arrested on Friday?

If prosecutors decline to file charges within the 48-hour time frame, then the person will be released from jail.

When do police arrest people?

Police arrest someone when they believe that he has committed a crime. But only the District Attorney’s Office can file charges against someone. Prosecutors have a duty to only file charges when they believe that the evidence is strong enough to secure a unanimous guilty verdict from a jury (that is, 12 random people from the community).

What is a district attorney?

District attorneys are constitutionally and statutorily charged with prosecuting criminal actions in their districts. Each district attorney employs a number of assistant district attorneys who assist in carrying out this work. A district attorney may even, as Jonathan discussed in this earlier post, employ a private attorney to assist ...

Why did the district attorney withdraw from the case?

The trial court nevertheless ordered the district attorney’s office to withdraw from the case to “avoid even the possibility or impression of any conflict of interest,” and also ordered that the district attorney’s office have “no further participation” in the case. The state supreme court concluded that the trial court exceeded its authority in so ...

Did the assistant district attorney have any involvement in the Camacho case?

The assistant district attorney had no involvement with the prosecution of Camacho’s case by the district attorney’s office. The trial court nevertheless ordered the district attorney’s office to withdraw from the case to “avoid even the possibility or impression of any conflict of interest,” and also ordered that the district attorney’s office ...

Can a trial court disqualify a prosecutor?

The Camacho court held that a trial court may only disqualify a prosecutor for an actual conflict of interest. A conflict of interest exists when a district attorney or member of his or her staff previously represented the defendant with regard to the charges to be prosecuted and, as a result of that former attorney-client relationship, ...

What happens if a trial court finds a conflict of interest?

A trial court that finds an actual conflict of interest may disqualify the prosecutor having the conflict from participating in the prosecution of the defendant’s case and order the prosecutor not to reveal information that might be harmful to the defendant.

When can a prosecutor be disqualified?

Smith court noted that, under Camacho, a prosecutor may be disqualified only when the trial court has found an actual conflict of interest involving prior representation by the prosecutor and the obtaining of confidential information detrimental to the defendant.

What is a conflict of interest in a case?

A conflict of interest exists when a district attorney or member of his or her staff previously represented the defendant with regard to the charges to be prosecuted and, as a result of that former attorney-client relationship, the prosecution obtained information that may be used to the defendant’s detriment at trial.

Can a probation officer be a witness?

Generally, your child's lawyer will speak for your child. The district attorney will speak for the state. The probation officer may be called as a witness.

Can a child have a lawyer?

Yes, and your child has a right to a lawyer who is both effective and prepared.If you cannot afford to hire a lawyer for your child, the court will appoint a lawyer to represent your child.California Rules of Court, rule 5.664, requires any attorney the court appoints to represent your child to have education and training specific to representing children in delinquency cases.

Can a child go to adult prison?

Your child can be sentenced to adult prison (California Department of Corrections and Rehabilitation, Division of Adult Operations) if he or she is tried as an adult (see questions 19 and 20). If your child will be tried as an adult, it is extremely important to talk to your child's attorney about the very serious consequences of your child's situation.

Can a child be tried as an adult?

For some felonies, your child can be tried and sentenced as an adult if your child is at least 14 years old. The case would be moved to adult court. There are major differences between juvenile and adult criminal court in how cases are handled. If the district attorney asks that your child be tried as an adult, it is extremely important to talk to your child's attorney about the very serious consequences of your child's situation.

How long does it take for a child to go to a correctional facility?

Your child will first go to a reception center for 30 to 90 days. After that, your child will be sent to one of three correctional facilities or the Pine Grove Youth Conservation Camp. The correctional facilities are:

What is a petition for juvenile court?

petition asks the juvenile court to become involved in your child's life. The petition says what the state believes your child did that violated the law. Later, a judge will decide if what the petition says is true.

How to keep probation officer informed?

If a probation officer is involved in the case, it is also important to keep him/her informed. Be sure to let the officer know: Your address and phone numbers, and any changes. Your willingness and desire to be involved. How and when they can contact you. The details about the case and how the crime has affected you.

What to do if you are a victim of a crime?

Listed below are several things you should keep in mind or consider if you are the victim of a crime. Develop a good relationship with law enforcement officials and the prosecutor handling your case. Keep the district attorney’s office informed during all stages of the criminal justice process, and contact the Victim Assistance Coordinator.

How to write a criminal journal?

Begin with your activities prior to the crime, and include all contact you make about the crime regardless of how minor they may appear. Include the following items in your journal: Date and time of your conversation. Everyone who took part in the conversation.

Who should prepare a victim impact statement?

Prepare a Victim Impact Statement for the judge, prosecutor, probation officer and corrections officials. If a probation officer is involved in the case, it is also important to keep him/her informed. Be sure to let the officer know: Your address and phone numbers, and any changes.

What happens when you respond to the media?

In some cases, victims may also find themselves facing the attention of the media. Some individuals may experience negative emotional, mental or legal effects when responding to the media. It is important to know that you have rights when you are asked by the media to talk about your experience.

Do victims have rights to talk to the media?

It is important to know that you have rights when you are asked by the media to talk about your experience. The National Center for Victims of Crime provides the following guidelines for victims who choose to talk with the media. Victims have the right. To say “no” to an interview.

What does "no" mean in media?

To say “no” to an interview. To select the spokesperson or advocate of their choice. To select the time and location for media interviews. To request a specific reporter. To refuse an interview with a specific reporter even though they have granted interviews to other reporters.

Can a district attorney file a criminal case?

The District Attorney is ethically obligated NOT to file a criminal case if they do not believe they can prove it beyond a reasonable doubt. You could contact the California Attorney General, but the AG will not take over prosecution unless they believe the DA has abused the discretion of that office...

What happens if the district attorney doesn't prosecute someone?

If the district attorney will not prosecute someone in a homicide case, is there a higher court you can appeal to. gun and the gun discharged.

Can a DA appeal a murder charge 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 ...

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 happens if the district attorney does not prosecute someone in a homicide case?

If the district attorney will not prosecute someone in a homicide case, is there a higher court you can appeal to. Wife was killed by husband who stated he was trying to turn on the flashlight attached to the. gun and the gun discharged.

What is the DA for murder in Orange County?

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.

What happens if the DA declines to prosecute a murder?

If the DA declines to prosecute a potential murder, then there must be very weak evidence indeed, since they usually charge first and ask questions later. They have the power to choose to prosecute or not to prosecute. There is no way to force them to, there is no "appeal" because it is not a court decision. More.