what to do when a district attorney protects criminal by not processing case

Usually, when a DA decides to not file a murder charge, they consult with the other homicide DA's and do a "round table" regarding the evidence. You can always contact the supervisor of the homicide unit at (714) 834-3600 if you feel you have not been provided sufficient information regarding the "no filing" decision.

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Can a district attorney refuse to prosecute a case?

Apr 11, 2014 · 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.

How does the district attorney’s office work?

May 14, 2019 · Michael J. Ocampo, is a skilled attorney and a former deputy district attorney. He understands that uncertainty — especially about significant matters like a criminal case — can be stressful, and he can help you discover what options are …

What happens if the district attorney’s office doesn’t have evidence?

Sep 14, 2012 · In some cases, the district attorney’s office may decide not to proceed with a case against a suspect. The district attorney’s office may decline to prosecute or “reject” a case if there is insufficient evidence or if more investigation is required. Understand that there is a difference between the district attorney’s office actually “rejecting” a case or just failing to have it filed by …

What does a Massachusetts District Attorney do?

North Carolina is divided into 44 prosecutorial districts. Each is headed by an elected district attorney or, the case of a mid-term vacancy, a district attorney appointed by the governor. District attorneys are constitutionally and statutorily charged …

Why do prosecutors sometimes choose not to prosecute criminal cases?

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.

What happens when a prosecutor is unethical?

Unethical Prosecutors are Never Prosecuted A prosecutor's refusal to reveal exculpatory evidence may be immoral, unethical and illegal – and it may result in the imprisonment or death of innocent individuals – but the unethical prosecutor is never prosecuted.

What are the four types of prosecutorial misconduct?

Prosecutorial misconduct is when a prosecutor in a criminal court case performs an illegal or unethical act....1. What are the four main types of prosecutorial misconduct?failure to disclose exculpatory evidence,introducing false evidence,using improper arguments, and.discriminating in jury selection.

Can police decide not to prosecute?

If the Crown Prosecution Service (CPS) or police decide not to charge a suspect then he will have no further action taken against him. A decision not to charge is sometimes called a decision not to prosecute or taking no further action ('NFA').

What is the Brady rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

What are some examples of prosecutorial bluffing?

Failing to turn over exculpatory evidence. Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.

Which is the most common type of prosecutorial misconduct?

suppressionSuppressing or Fabricating Evidence The most common incidence of prosecutorial misconduct involves the suppression or fabrication of exculpatory evidence, or evidence that might lead to the exoneration of the person suspected of the crime.

What is a Brady violation when it comes to discovery issues?

A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes. Everyone has the right to due process and a fair trial.Mar 12, 2021

What is the remedy for a Brady violation?

the reversal ofOrdinarily the remedy for a Brady violation is the reversal of the conviction because the suppressed exculpatory evidence was “material.” After looking at the record, an appellate court would decide that the suppressed evidence created a reasonable probability of a different outcome such that confidence in the ...

What happens after no further action?

Generally speaking once a no further action decision is reached in relation to a client who has no previous criminal convictions biometric data will be deleted from Police National Computer (PNC) systems. Fingerprints are held on the National Fingerprint Database (IDENT1) and DNA on the National DNA Database (NDNAD).

What evidence do police need to prosecute?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

Can a case get thrown out of court?

An order to dismiss a case can occur when the appellate court, having reversed the conviction on the grounds of a bad search or arrest, examines what's left of the case and determines that there is not enough evidence to warrant another trial.

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.

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.

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).

Why is Michael Ocampo not charged?

Pre-Filing Services. 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.

What is the purpose of the district attorney's office before a charge is filed?

Before charges are formally filed against a suspect, the district attorney’s office will review the facts and evidence contained in the police report to make a determination of whether there is sufficient evidence to support the charges originally recommended by law enforcement.

Who makes the decision on criminal charges?

It is important to understand that law enforcement may only arrest and recommend charges to be filed. It is the district attorney’s office who makes the ultimate decision on which criminal charges, if any, will be formally filed in court. Not all arrests or citations result in the filing of criminal charges.

What is a Serna motion?

If the district attorney files the case beyond the applicable statute of limitations, the defendant can file what is known as a Serna Motion. Generally, the defendant must show that he or she has been prejudiced by the delay. Prejudice is presumed when the prosecution delays more than the statute of limitations period.

How long can a misdemeanor be filed?

Generally, the statute of limitations to file misdemeanor charges is one year and three years on most felonies. If the district attorney files the case beyond the applicable statute of limitations, ...

Can a district attorney refuse a case?

The district attorney’s office may decline to prosecute or “reject” a case if there is insufficient evidence or if more investigation is required.

What is the name of the office that the district attorney seeks to prosecute a case?

When a district attorney identifies a conflict of interest associated with his or her prosecution of a case, the district attorney may seek assistance with the prosecution from another prosecutorial district, the Attorney General’s Special Prosecution Division , the Administrative Office of the Courts, or the Conference of District Attorneys.

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 ...

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.

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 ...

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.

Did the assistant district attorney see the defendant's files?

She had not, however, seen any of the defendant’s files while working in the public defender’s office and could not recall the substance of any conversations regarding the defendant’s case. ...

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 are the duties of a district attorney in Louisiana?

The 22nd Judicial District, for example, consists of St. Tammany and Washington Parishes. Each district has an elected District Attorney. The District Attorney’s Office prosecutes crimes against state laws ...

What is the role of a prosecutor in a criminal case?

Conduct Trials. If a criminal case goes to trial, the prosecutor must first work with the defense attorney to select a jury to hear the case. The prosecutor must investigate the background of jurors for potential bias and may excuse any candidate who likely cannot render an impartial verdict.

What is a plea bargain in criminal law?

A plea bargain is when the state, through its prosecutor, agrees to charge the defendant with a lesser crime carrying less penalty in exchange for a waiver of the defendant’s right to a trial. The prosecutor must present the plea agreement to the judge, who will review the new charges with the defendant and make certain he understands the agreement.

What is the discretion of a prosecutor?

Prosecutors are given wide discretion over whether to prosecute an offender. Even if the evidence seems solid in the grand jury proceedings, there is always the possibility that the evidence will not be enough to move forward; witnesses disappear; or evidence reveals that another perpetrator was actually responsible. Criminal charges stemming from a police investigation, as opposed to a grand jury, often present a prosecutor with the difficult choice of accepting the charges or declining to prosecute. Citizen complaints alleging criminal activity are sometimes declined due to a lack of evidence.

What happens when a jury is empaneled?

Once the jury is empaneled, the prosecutor presents the jury with an opening statement summarizing the case. The state presents its evidence first, followed by the defense. Throughout the trial, the prosecutor must make appropriate objections against evidence possibly inadmissible under the rules of evidence.

What is a grand jury investigation?

Conduct a Grand Jury Investigation. The prosecution of a crime begins well before the perpetrator is ever charged. A grand jury is convened prior to the issuance of an indictment.

What is the job of a prosecutor?

It is the prosecutor’s job to make certain the evidence available and admissible in the case is sufficient to meet this burden . The prosecutor generally relies on the police to produce sufficient evidence of the crime, but it is the prosecutor’s ultimate responsibility to investigate illegal activity.

What does the local district attorney do when the police arrest someone?

When the police arrest someone and charge them with a crime in district court, the local District Attorney’s office has the power to prosecute those cases, divert the accused to a program or drug treatment, or dismiss the case altogether .

What is the role of a district attorney in Massachusetts?

District Attorneys are among the most powerful people in the criminal legal system in Massachusetts, and play a major role in determining the way criminal cases are initiated and ultimately resolved. They wield a substantial amount of power throughout the judicial process – from charging decisions to sentencing recommendations.

What is civil forfeiture?

Civil asset forfeiture is a way for prosecutors to seize property and money that law enforcement officers believe is connected to criminal activity. Here in Massachusetts, our standard for taking that money is very low, and the burden is on the owner of the property to prove it is not connected to criminal activity.

Can a judge order bail?

Here’s where the DAs come in: it is rare for a judge to order bail if the local District Attorney’s office has not made a request for bail. Despite the presumption of innocence, the court will oblige the prosecutor’s request and order people to be held unless bail is paid or other restrictions – like travel limitations –followed.

Can a DA revoke bail?

In addition to making the initial bail request, DAs can ask a judge to revoke a person’s bail and take them back into custody, even if they previously made bail. The DA’s office also has the responsibility of providing the evidence they will use to prosecute the case to the person charged.

How does the federal criminal system work?

In this section, you will learn mostly about how the criminal process works in the federal system. Each state has its own court system and set of rules for handling criminal cases. Here are a few examples of differences between the state and federal criminal processes: 1 Titles of people involved – State cases are brought by prosecutors or district attorneys; federal cases are brought by United States Attorneys. State court trial judges have a range of titles, but federal judges are called district court judges. 2 Federal magistrate judges are used in federal cases to hear initial matters (such as pre-trial motions), but they do not usually decide cases. 3 The use of grand juries to charge defendants is not required by all states, but it is a requirement in federal felony cases unless the defendant waives the grand jury indictment. 4 States and the federal government have laws making certain acts illegal, and each jurisdiction is responsible for setting punishments for committing those crimes. A state may punish a certain crime more harshly than the federal government (or vice versa), but a defendant can be charged and convicted under both systems.

Which is responsible for setting punishments for committing crimes?

States and the federal government have laws making certain acts illegal, and each jurisdiction is responsible for setting punishments for committing those crimes. A state may punish a certain crime more harshly than the federal government (or vice versa), but a defendant can be charged and convicted under both systems.

What is the difference between federal and state criminal cases?

Here are a few examples of differences between the state and federal criminal processes: Titles of people involved – State cases are brought by prosecutors or district attorneys; federal cases are brought by United States Attorneys. State court trial judges have a range of titles, but federal judges are called district court judges.

Do federal magistrate judges decide cases?

Federal magistrate judges are used in federal cases to hear initial matters (such as pre-trial motions), but they do not usually decide cases. The use of grand juries to charge defendants is not required by all states, but it is a requirement in federal felony cases unless the defendant waives the grand jury indictment.