My husband has pressed charges against his ex wife's husband for harrassment (this guy didn't stop the harrassment even after the police told him to stop) I think the police got upset that he thumbed his nose at them and DA has taken the case. My husbands ex wife keeps saying "it's not worth going to court over, it wasn't that big of deal". She even emailed us today and offered us money to drop the case. But I'm wondering - if it weren't a big deal, would the DA have taken the case? Or does the DA have to take any case he's given? Clearly, I don't know much about 'criminal' things, does anyone have any information that would clear this up for me?
2007-07-05 10:44:45 · 7 answers · asked by razor_sharp_redhead 3 in Politics & Government ➔ Law & Ethics
Well we have about a year's worth of emails from him and the emails that my husband sent simply saying "Stop emailing me". I'd say it's a pretty cut and dry case.
2007-07-05 10:52:15 · update #1
They pretty much balance the severity of the crime, and whether or not there's enough evidence to go to trial. If the case is too sketchy, they'd probably drop the charges. Fortunately, your husband's ex-wife doesn't get to decide what is or isn't worth taking to trial. If the police were already involved, and the man is still harrasing your family, it really is best to put him in front of a judge before he escalates the situation and does something irreversible.
2007-07-05 10:51:12 · answer #1 · answered by Beardog 7 · 2⤊ 0⤋
A prima facie case are those elements that must be present to bring a legal proceeding. Here, the DA will look at each police report that they get, and evaluate each situation with a view to selecting for prosecution those cases which meet the above criteria, have a likelihood of success on the merits, and will do some good for the public served by either putting someone behind bars or getting them some help though alternative sentencing.
DA's are not required to take every matter that comes to them, far from it. In a day and age of shrinking budgets and resources, law firms have to be extremely selective of those cases that they take, in order to get the most mileage out of their budgets.
2007-07-05 11:18:22 · answer #2 · answered by Jeffrey V 4 · 0⤊ 0⤋
The DA will examine the report and determine if it is possible to prosecute the offender, and determine the probability of obtaining a conviction. If the case looks "winnable" he will proceed with the prosecution. If it does not look winnable, he will probably offer a plea agreement or just drop the case entirely.
2007-07-05 10:52:32 · answer #3 · answered by stephen p 4 · 2⤊ 0⤋
As I understand it, the DA is going to prosecute case the DA believes can be won. If the DA prosecutes and loses, there is nothing that can be done later if new evidence comes in.
2007-07-05 10:50:22 · answer #4 · answered by davidmi711 7 · 1⤊ 0⤋
District Attorneys have wide latitude in which cases they will accept for prosecution. If your local prosecutor took your husbands case against ex wife's new husband, must be pretty good.
2007-07-05 10:48:57 · answer #5 · answered by Michael H 3 · 2⤊ 0⤋
they seem to take only the slam dunk cases... whatever won't tarnish their win-lose ratio
2007-07-05 10:50:12 · answer #6 · answered by TG79 5 · 2⤊ 0⤋
your hot looking
2007-07-05 10:48:24 · answer #7 · answered by Anonymous · 0⤊ 3⤋