what if you are the victim of a crime, how ever for some reason (the cost of prosocution) the person charged is charged with a significantly lesser offense. Does the victim have any course of action if the eyewitness reports and statement by police on the police report indicate a larger infraction? this occurred in Ohio if that makes any difference.
2006-12-30 13:47:48 · 9 answers · asked by nigel 3 in Politics & Government ➔ Law Enforcement & Police
Nothing that you can really do. The courts are so backed up with cases that people want to take to trial, that they will actually either drop charges on someone if they have only minimal amount of evidence, or the the prosecuting attorney will settle for a lesser charge if the defendant wants to plea out to the lesser charge. All of this is done to avoid a trial. Even if the prosecutor knows that he would win in a jury trial.
2006-12-31 08:33:33 · answer #1 · answered by deftonehead778 4 · 0⤊ 0⤋
The victim has very little actual input into the charge that an offender receives. It comes down to deals made between the prosecution and the defense. Over 90% of felony cases never go to court at all; they are bargained out.
2006-12-30 13:51:52 · answer #2 · answered by urbanfossil 3 · 1⤊ 0⤋
You can approach the local District Attorney and try and convince him or her to proceed with the harsher charge, but you likely won't be successful.
Usually charges are downgraded because it is easier to get a conviction of a lesser offence, or the guilty party makes a deal and offers to plead guilty to the lesser, thus avoiding a costly trial.
Sorry, for the limited advice, but that is the way things are...
2006-12-30 13:51:53 · answer #3 · answered by Boston Bluefish 6 · 2⤊ 0⤋
If I were charged with a lesser crime, I would be motivated to go out and commit a higher crime...
2006-12-30 13:50:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I fyou are NOT the prosecutor, you have no right to complain. Let the prosecutor do their job and review the evidence and get the best conviction possible. If you don't agree with the deal, leave a message for the prosecutor. That's the only option you have.
2006-12-30 13:51:21 · answer #5 · answered by spag 4 · 1⤊ 1⤋
Absolutely, you cab talk to the D.A. and demand full prosecution, if that fails you have a legal right to go his/her sentencing and address the judge ,PRIOR TO him getting sentenced, notify the media. . . it all helps
2006-12-30 13:54:03 · answer #6 · answered by mrusia 2 · 0⤊ 0⤋
the person could get a restraining order,so that the defendent can not come around them.
2006-12-30 13:53:55 · answer #7 · answered by I Bleed Black & Gold 6 · 0⤊ 0⤋
you can go for it but it probably wont help... thats how messed up the system is... america's legal system is really messed up... and yet people are crying when they get what they get when they should get worse
2006-12-30 15:22:28 · answer #8 · answered by Dont get Infected 7 · 2⤊ 0⤋
no. the system only wants to avoid a trial.
2006-12-30 13:50:17 · answer #9 · answered by dude 5 · 1⤊ 0⤋