why won't the attorney district tell me the case for which i'm being supbonaed

Why does the district attorney reject my case?

May 14, 2019 · In essence, prosecutors reject cases when they determine that the evidence that they have is not strong enough to secure a conviction. But having your case rejected and being released from jail doesn’t mean that your case is closed. This is because, depending on the crime, prosecutors may have one or several years to ultimately decide whether ...

What happens if the district attorney doesn’t file charges?

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.

Why won’t my lawyer Call Me?

May 08, 2012 · 2 attorney answers. The DA is required to call you under the Victim Bill of Rights because this is a domestic violence case. They could get in trouble if they did not do so. They have to send you a victim impact statement, get your position on the case, find out if you are owed any damages, and discuss possible resolutions of your case. So, you ...

Can a prosecuting attorney be persuaded to dismiss a case?

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 …

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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.

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...

2 attorney answers

The DA is required to call you under the Victim Bill of Rights because this is a domestic violence case. They could get in trouble if they did not do so. They have to send you a victim impact statement, get your position on the case, find out if you are owed any damages, and discuss possible resolutions of your case.

Christopher Daniel Leroi

Colorado has a constitutional victim's rights amendment. Crimes which have a specific victim require the D.A. to solicit input prior to making a plea offer or dropping a case. Either way, the D.A. needs to try to talk to you before proceeding. Your wishes are not binding, but the D.A. has to get your input before making decisions.

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 happens if a case is rejected?

If the case is actually rejected, one must obtain a letter from the district attorney’s office stating this. If, however, there has just been a delay in filing, the district attorney’s office may still file charges at a later time.

How long does it take to file a misdemeanor charge?

If, however, there has just been a delay in filing, the district attorney’s office may still file charges at a later time. Generally, the statute of limitations to file misdemeanor charges is one year and three years on most felonies.

Who makes the decision of whether or not to file charges and pursue prosecution?

If you've ever worked with victims of violence against women you're no doubt already familiar with the many fears and anxieties that make some women reluctant to push the case forward. Naturally, it's important to explain to her that ultimately, it's the district attorney, and the district attorney alone, who makes the decision of whether or not to file charges and pursue prosecution. Nonetheless, victim input can significantly influence these decisions. In fact, all too often, as you've probably also experienced, too many district attorneys will grasp at the first possible excuse to keep from working the case. So when you're client is uncertain about going forward with prosecution, it's critical to have a heart to heart discussion with your client, focusing on that issue alone.

Why do women wait to hear from the DA?

Sometimes weeks go by without communication only because women aren't quite sure how it's all supposed to work.

What to do if victim decides to make calls?

If the victim decides she wants to make the calls, be sure and help her put together her message. Rambling, emotional messages from victims can unfortunately have the opposite effect of souring the attorney to the case.

What information can you get from a court case?

The computer data bases they're consulting usually contain extensive information on the case, the suspect, and related court proceedings, including such information as detailed minutes of the last court hearing, details of plea agreements, probation conditions, and much more.

How long does it take to get a charge filed in California?

This is because any suspect who is in custody has a right to appear before a judge and be informed of the charges filed against him within 48 hours (in California) (not counting days when the courts are closed). (The time frame may vary slightly in other states.)

How long does it take for a police report to be sent to the DA?

There shouldn't be any more than a 24 hour delay in the transition, since police reports are generally sent daily to the DA by a special courier. Furthermore, cases are usually logged into the DA computer as soon as they arrive at the DA's office. Unfortunately, there are some police who will tell you the case has been sent to the DA when it's simply not true. Some do this as a way of brushing you off.

Why is it important to write down your case?

Write it all down! Having this basic case information at hand in writing is invaluable for both victims and advocates. If nothing else , it helps you talk more knowledgeably about your case, and that alone will get officials to treat you and the case more seriously, both inside the criminal justice system and when dealing with any other social services.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

What is the only thing that may convince a prosecutor to dismiss a case?

The only thing that may convince a prosecutor to dismiss the case is one of the following conditions: The prosecuting attorney is satisfied that their evidence is unreliable. It is impossible for the state to prove one of the elements of the charge.

What happens if you ask the victim to drop charges?

Worse yet, if you ask the victim to do this, the state could construe it as witness tampering. The state calls this witness intimidation and could charge you with a felony.

How to file a complaint against a witness?

A complaining witness can file a “complaint” with the proper authorities , such as a police department. The law enforcement agency then takes the complaint and files it with the prosecuting attorney’s office. The prosecutor then reviews the complaint and determines whether to file charges and what type of charges to file. It is the prosecuting attorney who then files the charges with the court. Finally, the court then makes an initial finding of probable cause. It then does one of two things: it either issues a warrant for the defendant or a “summons” that orders the defendant to appear in court.

What is a plea agreement?

There is a plea agreement in which the defendant pleads guilty to some charges and the prosecutor dismisses the rest. There is an agreement in which the defendant will do something, such as take a class, and provide proof in exchange for a dismissal.

When to consider witness reluctance?

The prosecuting attorney will often consider witness reluctance when deciding whether to take a case to trial, plead it out, or dismiss it. That is especially true when it doesn’t appear that the victim is in need of protection, as with a property crime case.

How to deal with a bad case?

Hire a competent attorney to help address your case. Do not try to handle things yourself. You will only make your situation worse.

Can a domestic violence case be prosecuted?

On the other hand, if it is a domestic violence case, things are handled differently. If the alleged victim requests that the state stop pressing charges, then her desires may not be relevant to the prosecution’s decision to prosecute. However, it may still have a bearing on the type of plea agreement the prosecutor is willing to extend to the defendant.