this is a follow up to a previous question ..... child was given meds that were not perscribed to her, I filed affidavid with the PA and he told me to turn it over to the detetives ..I did. they had his(the fathers) confession, blood work, and witnesses, and hospital report and the PA told detectives to drop it. same month another father was arrested and charged with the same crime(in the papers). what do I do for the next step .... he needs to be charged ....he has a history of this type of behavior
2007-11-15 17:48:24 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
You can do a couple things... first, contact the Prosecuting Attorney's office and request a PA from another county review the case.
If that doesn't work, contact the State Attorney General, and request their office review the case. They can bring forth criminal charges if the PA does not.
The other thing you can do is sue them in civil court.
2007-11-15 18:04:49 · answer #1 · answered by trooper3316 7 · 3⤊ 0⤋
It depends on the state as to whether another prosecutor or the attorney general has jurisdiction to file charges.
Generally speaking, however, the local prosecutor has absolute discretion to decide what charges merit prosecution. While there are standards governing the prosecutor's decision-making process, the laws in most states reflect the right of the prosecutor as the local representative of the people to choose how best to allocate government resources and decide which cases merit criminal prosecution. Unfortunately, there is not enough time and resources (i.e. staff) for a county prosecutor to prosecute all criminal cases that may arise.
My suggestion for the next step would be to see if you can schedule a meeting to talk this case over with the prosecutor. In most counties, while you may not be able to meet personally with the prosecutor, you will be able to meet with a staff person who can listen to your concerns. Sometimes the police reports do not fully reflect the gravity of the situation and meeting with the staff of the prosecutor can fill in the gaps and lead to a different decision.
If the prosecutor's office refuses to meet with you or does not change their opinion of the case, you do not have many options to get the case prosecuted. If the prosecutor is appointed, you can always go over his/her head, but most prosecutors are elected. That means that the only remedy is to make a public stink about it with the possibility of it effecting the next election. However, that will probably not change the result of your case.
EDIT
To the Answerer who said take them as they come but then complained about releasing a murderer because the jail was full, those two complaints are contradictions. Some cases (e.g. peace disturbance) are not taken so that when the murder or serious assault comes they can be handled promptly instead of having to say we can't work that case now because we aren't finished with the other 1,000 cases we handle this year. Defendants have a right to a speedy trial and the only way to get all defendants a speedy trial is to choose which cases to handle. If you want them to handle them all, tell your local county to hire more staff for the prosecutor (and tell them what other services you are willing to go without).
2007-11-15 18:23:58 · answer #2 · answered by Tmess2 7 · 1⤊ 1⤋
The fact that the PA has discretion over what cases he will attend to shows a serious flaw in the existing system. All cases should receive the same level and measure of attention. The PA has no right to say he doesn't have the necessary resources or funds to do his job. That excuse isn't valid in any sense of the term! You take them as they arrive and you keep at them until they are all addressed appropriately! Imagine saying a murderer was released because the jail was full! Who do these attorneys think they are anyway?
2007-11-16 08:22:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You could utilize the power of the news paper to put the pressure on the police force, or go to the county district attornies office to fill formal complaint!
2007-11-16 00:27:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Really there is not much. IF the case is really that strong, go to the State Attorney General.
2007-11-15 18:02:40 · answer #5 · answered by Kevy 7 · 1⤊ 0⤋
well bill,you don't look the type to ask,now do what you think is best for the child,they don't want to do anything ,you do it for them
2007-11-16 04:54:18 · answer #6 · answered by THE"IS" 6 · 0⤊ 0⤋
the only thing i can think of is a civil suit. wish i could be of more help!
2007-11-15 17:58:55 · answer #7 · answered by Barbara L 6 · 0⤊ 0⤋
the next step i suppose
2007-11-15 20:22:12 · answer #8 · answered by bigturkeyme 6 · 1⤊ 0⤋
I know this guy in South Philly.....
2007-11-15 17:52:55 · answer #9 · answered by Realist 2 · 1⤊ 1⤋