I was in a car accident when a 16 year old totalled my car - her fault - she got a ticket, failure to yield. The first court date, the prosecuting attorney talked to me and agreed to hold the failure to yield - the defense attorney asked for a new date for a hearing.
On the second hearing, a different prosecuting attorney heard my story. I found out I had been injured, and wanted to add that information to the case in case I couldn't heal. He told me that the docket was long, that I would never get money, that the arthritis would be pre-existing, blah blah blah.
He then went to talk to the defense attorney, came back and said they would just pay the ticket (so it didn't go to hearing). He sided with the defense attorney when he talked to me - I think what he did was unethical.
My question - who do I complain to, and what are my rights? This is in the state of Michigan, district court.
thanks for your help.
2007-09-07 14:24:08 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The prosecuter is not your attorney. He represents the state. If you want money, you have to hire an attorney and file a civil suit against the girl. It is irrelevant what happens at the criminal trial but it can help your civil case if she is convicted of something in criminal court. No the prosecuter wasn't unethical. They can use prosecutorial discretion if they don't believe that they will win a criminal conviction on that.
It's usually easier to win a civil claim because those are decided by a proponderance of the evidence (more than 50% in your favor) rather than beyond a reasonable doubt (100% guilt).
2007-09-07 15:25:08 · answer #1 · answered by Eisbär 7 · 0⤊ 0⤋
No one. This sounds like a criminal case. The prosecuting doesn't work for you, he works for the State (although he represents "The People"). While the prosecuting attorney can take into consideration the victim's wishes, he doesn't have to do so.
If you wish to pursue this further and get money from the defendant, you need to retain a civil attorney and file a lawsuit before the statute of limitations expires.
2007-09-07 14:29:18 · answer #2 · answered by Princess Leia 7 · 0⤊ 0⤋
The case you describe was for the
criminal matter of the ticket.
They had to pay the fine.
Thats all you get there.
The prosecutor won his case.
His advice to you on filing for damages
in a different, (civil), court was
just that, his opinion of your chances.
His ethics are not in question here.
2007-09-07 15:04:13 · answer #3 · answered by Irv S 7 · 1⤊ 1⤋
First all, there are too manyunethical prosecutors to fill this website ,yet i be attentive to of one hell of a sly protection lawyer AKA Debra Lafave's.enable or not it extremely is undemanding "i'm to damn rather to pass to the great living house.he's the guy i choose workin for me .i'm a guy
2016-10-18 06:57:52 · answer #4 · answered by ? 4 · 0⤊ 0⤋