what can i do if county attorney will not press charges

The prosecutor may also move forward with the case even if you decide you don’t want to press charges. In this case, he or she can subpoena you and force you to appear at the trial. If you refuse, you can be held in contempt of court and arrested.

Full Answer

How does a Prosecutor decide to press charges?

How Does a Prosecutor Decide to Press Charges? 1 Case Goes to the Prosecutor's Desk. At this point, the police usually bring the evidence to the prosecutor, who will determine whether to press (file) criminal charges against the suspect. 2 Prosecutor's Considerations. ... 3 Grand Jury Proceedings. ...

How does a Prosecutor decide not to pursue a case?

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. A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure.

Can a local prosecutor not file charges against an accused?

At least in the united-states, the local prosecutor might or might not file charges. There are many reasons why a prosecutor might not file charges, even is s/he believed that the accused did the crime, quite aside from any outright bribery.

Can a victim force a prosecutor to file charges?

Generally speaking, a victim cannot press charges nor force an unwilling prosecutor to file charges or seek an indictment from a grand jury. The prosecutor, exercising "prosecutorial discretion," has the final say. The concept of prosecutorial discretion is well established in America's criminal justice system.

Why were my charges not filed before I got to court?

How long do they have to file charges?

How long does it take to file a misdemeanor in Orange County?

What happens if you don't file a case within one year?

How long does it take to get a DUI report?

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.

How long does the DA have to file charges in Louisiana?

How long does the District Attorney have to file charges if I am charged with a misdemeanor offense? If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.

What evidence is needed to be charged?

Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.

How long does DA have to file charges in Texas?

As a practical matter, the filing of a case requires only a brief narrative stating probable cause and many agencies now file electronically. Beyond the arrest the D.A.'s office has 90 days in which to indict the case by presenting a case to the grand jury and securing a True Bill.

What is a 701 motion in Louisiana?

(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.

What is Gwen's law Louisiana?

With Gwen's Law, if you get arrested for violation of a protective order, domestic abuse, battery, stalking, or another felony offense involving the use of a deadly weapon or force, you have to go before a judge for a hearing in order to have your bail set.

Can you be charged without evidence?

You cannot be arrested without evidence. In order to be arrested for a criminal offense a police officer must have probable cause. Probable cause is a legal standard less than reasonable doubt.

Is it worse to be indicted or charged?

“Being charged” with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant. Regardless of how the state moves forth with filing charges, the results are the same for the defendant: an arrest and formal charges.

Can someone be convicted without evidence?

Prosecutions with no supporting evidence and a well-represented defendant are less likely to succeed when compared with cases with significant supporting evidence, but there is always a possibility that there will be a conviction.

How long before a crime Cannot be prosecuted?

The general rule for time limits on summary only offences is that prosecutions will be time barred if information is laid more than six months after the date of the offence.

How long can you be detained without charges?

Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours. This is usually if you are suspected of more serious crimes such a murder.

How do you know if you have a secret indictment?

Federal courthouses will also have copies of indictment records, usually in the clerk's office, and records can be checked by the party of suspect names. In some cases, the judge may rule that the indictment is to remain sealed and secure until the summons is issued, or the suspect is arrested.

How long do the police have to charge you?

For summary only offences, which are heard in the Magistrates' Court, the case must be heard within twelve months of the crime. For example, in a case of common assault, if it took place on 1 December, the trial must take place before 1 June. However, for indictable offences, there is no such time limit.

What are the statute of limitations in Louisiana?

Statutes of Limitations: Felonies and Misdemeanors six years for felonies punishable by hard labor. four years for felonies not necessarily punishable by hard labor ("with or without hard labor") two years for misdemeanors punishable by imprisonment, and. six months for fine-only misdemeanors.

What is the statute of limitations in the state of Louisiana?

The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.

What is the statute of limitations on a felony in Louisiana?

6 yearsCases for felonies punishable by hard labor must start within 6 years. Cases for felonies not punishable by hard labor must start within 4 years.

What does it mean when the DA declines to file charges against me?

When the D.A. declines to file it means you were not charged with a crime, and of course not convicted. However the arrest still is there. It may be possible for you to have the arrest removed by asking the police agency that made the arrest to make a finding of innocence.

No Criminal Charges were Filed. Now what? - Rhodes Legal Group

What happens if you are arrested or had police contact but no criminal charges were filed? A Criminal Defense Lawyer | Attorney’s Perspective. As criminal defense attorneys, we get variations of this question all the time. People avoid arrest, speak with an officer and are not arrested, or are arrested and taken to jail but

San Diego DUI Lawyers Blog - DUI Arrest & Case Not Filed Or Case ...

After a person is arrested for drunk driving, the police write up a police report which is forwarded onto the prosecuting agency.It is this agency, either the City Attorney or District Attorney’s Office, that will decide if charges will officially be filed against you in court.The prosecutor will review the police report and determine if, on an initial review of the facts, they believe they ...

How long are police reports kept in on file/in their database?

Hello, I am wanting to acquire a copy of a police report I filed back in September 2010. Charges were not pressed against the individual b/c the police (it was the police for my campus-UAB) said they did not have jurisdiction.

Why can't a prosecutor file charges?

Reasons why a case might not be prosecuted. There are many reasons why a prosecutor might not file charges, even is s/he believed that the accused did the crime, quite aside from any outright bribery. Perhaps the most important and most common is that the prosecutor thinks that a trial will not result in a conviction.

Why do prosecutor decline to prosecute?

Prosecutors often decline to prosecute because a larger grand strategy is in place to deal with a pattern of criminal conduct (e. g. trying to shut down an illegal chop shop, or trying to shut down a gang or drug dealing operation) when doing so based upon a citizen complaint would interrupt the larger strategy .

Why do people have the right to raise a private prosecution?

6. In many countries, an individual has the right to raise a private prosecution if the public prosecutor decides not to pursue a case. This is generally expensive, as with all things legal. The reason for public prosecutors after all is to prevent justice being limited to the rich and denied to the poor.

Why do white collar crimes get prosecuted?

Prosecutors routinely decline to prosecute white collar crime cases when the victims have the ability to seek redress in a civil lawsuit instead. Usually, these cases are prosecuted criminally when the victims are especially vulnerable and couldn't obtain an attorney themselves, when the harm would be uneconomical to pursue in civil lawsuits since each loss is modest, when the number of victims are numerous, or when the crime has such notoriety that letting it be handled in a civil lawsuits would set a bad example.

What can Bob do to convince Alice to prosecute?

united-states. Bob could do any number of things to try to convince someone to prosecute Alice: call the prosecutor's boss, or the district attorney ( or their equivalents in DOJ if it's a federal crime), or his elected representatives; he could also go to the media, or post on social networks...

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Can a prosecutor be compelled to prosecute someone?

Prosecutors can't be legally compelled to prosecute someone. Crime victims don't have any rights to control whether a prosecution happens—the government is the plaintiff. A prosecutor can even file charges over a victim's objections. Federal law and some states have Crime Victims' Rights Acts, which do grant some rights.

What happens if you don't press charges in Florida?

In Florida, if the victim does not press charges, the State may still move forward with prosecution, but their case against you will be weakened. Read on to learn more.

What happens if a victim doesn't press charges?

When a victim chooses not to press charges, they file a waiver of prosecution. The waiver of prosecution says two things, essentially: 1) that the victim does not want to press charges against the criminal defendant, and 2) that any conflicting reports regarding the situation are incorrect or inaccurate. Thus, even if the State chooses ...

Why is the State not required to prosecute?

Though the State is not required by law to avoid prosecuting the defendant simply because the victim filed a waiver of pro secution , in many real-world cases, the State will choose not to prosecute due to the difficulty in litigating against a criminal defendant where the victim is uncooperative.

Can a victim's choice not to press charges cause delays?

A victim's choice not to press charges can present a serious roadblock for the State -- this can cause some delays. If the State delays too long , it's worth noting that the criminal statute of limitations period may pass without the State having commenced prosecution.

Can a victim file a waiver of prosecution and not press charges?

Thus, even if the State chooses to proceed, the fact that the victim filed a waiver of prosecution and chose not to press charges could have a significant effect on the criminal litigation. At the end of the day, you are more likely to succeed in your defense if the victim fails to press charges.

What to do if you are charged with a crime?

If you are charged with a crime, get help. Speak to a criminal defense attorney. Whether or not the victim is cooperating, having a lawyer on the case as early as possible is best so counsel can start negotiating to get the charges dropped.

Who is pressing charges in criminal cases?

But only in a manner of speaking. Technically, legally, as far as criminal procedure is concerned,it is the prosecuting attorney who is pressing charges.

Who reviews police reports?

Police reports are then turned over to the office of the local state or district attorney and a lawyer is assigned to the case. That prosecuting lawyer reviews the police reports, including victim and witness statements, to decide whether charges should be filed.

Can a victim want no charges filed?

And as noted above, the opposite can also happen -- a victim may want no charges filed and find themselves forced by the state to participate in a prosecution against their wishes.

Can an individual cooperate with the government?

Individuals can choose to provide evidence and cooperate with the government on a case. If the cooperating individual is a victim of a crime, and that person wants the perpetrator prosecuted, then that individual can be said to be pressing charges in a manner of speaking.

What Should I Do if I Am Charged with Domestic Violence in California?

If you are accused or arrested on domestic violence charges, contact a criminal defense attorney immediately . Do not resist arrest, but also avoid answering questions or making a statement. Exercise your right to remain silent except for stating that you want a lawyer.

Who decides whether to drop charges?

Only the prosecutor can decide whether to drop the charges. A judge may dismiss the charges if there is insufficient evidence or inadequate probable cause. However, that does not have anything to do with the victim’s desire for the charges. Again, once law enforcement and the judicial system are involved in a case, ...

How Does the State Handle a Victim Who Does Not Cooperate?

If the victim refuses to cooperate, the prosecutor could choose to drop the charge. However, that is not always the case.

Are There Collateral Consequences for a Domestic Violence Charge?

Domestic violence charges are a serious criminal offense. A guilty verdict could have numerous consequences. You could be fined and serve time in prison.

What happens if a victim refuses to testify in court?

If a victim refuses to testify in court, the prosecutor can subpoena the victim. If the victim ignores the subpoena, the prosecutor could file a motion with the court requesting a bench warrant for the victim’s arrest.

What evidence is used in a domestic violence case?

Moreover, the prosecutor may have other evidence, such as medical records, photographs of injuries, police reports, and testimony from other witnesses. However, the testimony from the victim is often the most compelling evidence in a domestic violence case.

What happens if a victim ignores a subpoena?

If the victim ignores the subpoena, the prosecutor could file a motion with the court requesting a bench warrant for the victim’s arrest. The court may hold the victim in contempt of court if the victim refuses to appear and testify at trial. Victims who change their testimony may be treated as hostile witnesses.

How to press charges for assault?

How To Press Charges For An Assault. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station , you may call them over the phone. All you have to do to kickstart the process is express that you want ...

Why is it important to press charges?

However, they should ensure that they follow the appropriate procedures to do so to ensure their safety and the successful convictions of their assailants.

Why do people file assault charges?

When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, r estraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be.

What is assault charge?

Types of Assault Charges. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably.

What is the importance of knowing the terms and consequences of assault?

Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file.

How long does it take to report an assault?

The amount of time you have to press charges for an assault depends on your state’s statute of limitations, which typically ranges from a couple of years to six years. However, it is always advisable to report the crime regardless of how long it has been. The sooner you press charges for the assault, the better the investigation will be.

How do police investigate a crime?

After police officers obtain the details that they need from the victims, they will then issue the victim’s copies of the reports that they filed. After that, the complaints will be taken to the prosecutor’s office where the prosecutor will look over the report to determine whether or not he or she believes there is enough information contained within the report to prosecute the assailant. If the prosecution believes that there is enough evidence to prosecute, then an arrest warrant will be issued for the assailant’s arrest from the judge. Additionally, police officers will investigate the crime further to obtain any additional evidence .

Why can't a prosecutor press charges?

No likelihood of success. 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. If the evidence isn't there (or likely to be suppressed before trial), proceeding with charges would be futile.

What is the best way to persuade a prosecutor to file charges?

Most of the time, if the case is sensational, public pressure is the best means of persuasion. One very narrow approach may, however, be available to compel a prosecutor to file charges. This approach involves using a legal tool called a "writ of mandamus.".

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.

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.

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 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 happens if the evidence isn't there?

If the evidence isn't there (or likely to be suppressed before trial), proceeding with charges would be futile.

What Happens If the Prosecutor Refuses to Press Charges?

A prosecutor might review the case and decide not enough evidence exists to bring the case forward. Or the prosecutor's supervisor could decide that the prosecution office, as a whole, will focus its resources on certain types of cases (homicide, drug, violent felonies) and not others (fraud, bribery, property crimes). In either case, the decision of the prosecutor or prosecution's office is usually final.

How Does a Prosecutor Decide to Press Charges?

The police might book the suspect at the police station and either release the suspect on bail or hold the suspect pending a bail hearing.

Who Decides to Press Charges?

Let's start from the beginning on who makes charging decisions and why. Say a suspect is accused of assaulting someone outside a bar. The police show up and arrest the suspect. What happens from there? Does the victim go down to the police station to file a complaint and press charges? Not exactly—despite what you see on TV.

How Much Time Does the Prosecutor Have to File Charges?

If the suspect is in custody (jail), prosecutors generally must file charges within 48 to 72 hours of the arrest. In other cases (when the suspect isn't in custody), it could take days, weeks, or months to file charges. Even after charges are filed, the prosecutor can still amend (change) the charges or even drop some or all of the charges.

Why do prosecutor have to cooperate?

A prosecutor will have an easier time building and proving a case to a jury if the victim cooperates . As noted above, the victim's expected level of cooperation factors into a prosecutor's decision, but that doesn't mean the victim's cooperation always makes or breaks a case. A victim's fear or reluctance to cooperate might increase the importance of prosecuting the suspect (for instance, in domestic violence cases). A prosecutor can always subpoena a victim, but forcing a victim to take the stand and testify can backfire. If the victim won't or is afraid to cooperate, the prosecutor will need to determine if other evidence will likely be enough to get a conviction.

What are the responsibilities of a prosecutor?

Prosecutors' Responsibilities and Ethical Duties. Prosecutors have an ethical duty to see that justice is done—which doesn't necessarily mean winning a case. A prosecutor must consider the needs of the victim and society and make decisions based on the facts, the evidence, and the law.

What is a criminal complaint?

The complaint identifies the suspect and specifi es the crimes alleged to have been committed by the suspect.

Why were my charges not filed before I got to court?

It might surprise you that this is not an unusual situation. The Orange County’s DA’s office has been subject to certain budget cuts post-recession, and this has been happening with increased regularity as a result. When forced to prioritize, non-violent, non-felony cases , and cases where the defendant is not still jail, like most DUI cases, get the lowest priority.

How long do they have to file charges?

Under Penal Code section 1382, the prosecutor’s office has one year from the date of commission of the offense to file charges for misdemeanors like a DUI (and three years if it’s a felony charge). ​ If your case is filed at a later date, a letter with your new court appearance date will be sent to your address on the police report or citation. If you’ve moved, make sure to update your forwarding address with your local post office.

How long does it take to file a misdemeanor in Orange County?

Under the law, the District Attorney’s office has up to one year from the date of the incident or arrest to file a misdemeanor charge.

What happens if you don't file a case within one year?

If your case is not filed within one year, you can be assured that your case will not be filed, ever. However, DO NOT agree to go in and talk to the DA about your case! Doing so won’t help you, and may cause them to look for, and file, the case, add additional charges based upon your statement, or add evidence from your statement to the case.

How long does it take to get a DUI report?

There are instructions on the DUI paperwork to police officers, telling officers to send out the police report within five days. The same report goes to to both the DMV, for use in your DUI hearing, and to the prosecutor at the courthouse which has jurisdiction over your case.