A friend of mine was almost murdered last month, and the assailant was just apprehended. The district attorney is not sure whether he wants to file attempted murder charges due to the fact that the victim was apprehensive at first about naming his attacker due to fear.
My question is, can his friends and family persuade the DA to go ahead and file the charges by phone calls, emails, letters, etc? And what would we say to the D.A in these appeals for justice?
2007-09-19 08:00:56 · 7 answers · asked by leah 1 in Politics & Government ➔ Law & Ethics
A good DA does not make these decisions based on the public sentiment or pressure. The decision must be based on whether there is sufficient evidence to prove the charge.
From what you say here, the victim may be unreliable as a witness. If there is not a lot of other evidence, besides the victim's testimony, this is a shaky case.
If you want to see this go to trial, be supportive of the victim so that he will be an effective witness.
2007-09-19 08:09:59 · answer #1 · answered by raichasays 7 · 0⤊ 0⤋
Your friend doesn't even need a DA to press criminal charges. Your friend can file what is known as a private criminal complaint in criminal court. Few people know about this little known law, but it is to prevent criminal prosecutions from falling within the sole authority of government officials. If you are the victim of a crime and the DA is in cahoots with that criminal, you can still get justice from the courts.
All your friend has to do is go down to the court house, state to the judge that the DA is not filing any charges and that he/she would like to file a private criminal complaint. Your constitutional right to due process permits this.
It can be embarassing to the DA if he/she doesn't take up the case after it is already in court, especially before the judge.
2007-09-19 08:53:44 · answer #2 · answered by Discipulo legis, quis cogitat? 6 · 0⤊ 0⤋
District attorneys are elected by the people. If you make a big enough fuss about it, it your local area, it could persuade him / her. Use your local news papers, tv stations, flyers, etc. Unless he feels strongly about his reasons for not filing attempted murder charges, he may bend to the public outcry if he wants to be reelected next term.
2007-09-19 08:11:47 · answer #3 · answered by BroncoFan_17 4 · 1⤊ 0⤋
A DA will listen to mass public opinion in some cases. Especially if DA is an elected position where you live.
2007-09-19 08:10:17 · answer #4 · answered by Michael C 7 · 1⤊ 0⤋
Yes. It happens all the time. Have people say they want justice to be served and the vicitm deserves retribution and to be able to face their attacker in court.
And Michael C is exactly right. The DA is an elected official.
2007-09-19 08:05:36 · answer #5 · answered by Eisbär 7 · 0⤊ 0⤋
you won't be able to, however the police would be extra beneficial than happy to press costs as quickly as you call them. added~ The courtroom won't care why you have been there at this factor. that is not any longer a real looking and in no way criminal reaction to shoot somebody for merely ringing your doorbell and asking to work out somebody. A deadly risk or attempt at compelled get admission to, or some genuine possibility is basic to the glory for a justified shooting.
2016-10-19 03:01:58 · answer #6 · answered by saucier 4 · 0⤊ 0⤋
It would probably help sway his opinion, unless he's still afraid that your friend would not be willing to testify. After all, if he cannot build a decent case against the accused assailant, there's really no point in taking it to trial.
2007-09-19 08:09:34 · answer #7 · answered by stmichaeldet 5 · 0⤊ 0⤋