Does a District Attorney have the power/right to not let someone present a case before the Grand Jury?

Question

I want to do a direct presentment before the Grand Jury to have a case brought to Criminal Court since the General Sessions court did not bind a case over to the Criminal Court after a preliminary hearing. The judge in GS Court said I could do a direct presentment to the Grand Jury, but the DA does not like me and told me I am not going to do it--period. If it is my right to do it then I want to do it, even if the DA will motion to dismiss the charge after the Grand Jury gives a True Bill. I know the DA is in charge of the legal community in the District, but I think there is some distance between his job and what the Grand Jury does as they work independantly from the DA. What do you think? Can a DA forbid someone from their day in court by telling them that they will not get an appointment to present a case before the Grand Jury? I want justice against the criminal and now I want justice from this clown of a DA. What do I do?

Answer 1

Get an Attorney and have him file proceedings to force the DA to handle the case before the Grand Jury.

If the Judge agrees with you and so Orders him to do this he will be in contempt of Court if he fails to do so!

Then if he fails to abide with the Court Order - you can charge him with contempt of court and let the Court handle the situation after that! - Which may put him in jail until such time as he abides by the Courts Order!

Good Luck!

Answer 2

The DA desires to coach the grand jury any evidence that could desire to coach almost ninety 9% guilt. He has to coach previous a doubt that the guy did it. Tapes, recordings, photos, witnesses, signatures, blood, physique areas in his storage, etc. The DA does not look after every physique. he's the prosecutor. The defendant's lawyer isn't the DA. The DA is the guy who prefer blood and tries to place the guy in detention center. The sufferer does not have a say in no remember if or not the guy could visit detention center, as quickly as the full technique gets going. A sufferer can determine to not testify and alter their concepts yet whilst the DA has evidence he could pursue the case or proceed to look for evidence. maximum folk of circumstances tend to "barter" or settle earlier going to court docket. the two attorneys come to a sentencing contract. they'll modern-day it to the choose and the choose could or will possibly not ok it. The defendant, if responsible, could take a discounted sentance so he can steer away from going to trial and getting convicted with a harsher sentance.

Answer 3

It depends on the laws of the state/province.

In some jurisdictions, only the govt prosecutor (DA) can bring cases before the Grand Jury. It sounds like your state/province allows private citizens to present cases to the Grand Jury as well.

So, what the DA can do, and whether you are allowed to present or not, it all depends on how the laws are written.