Can i sue the rockland county DA' office i had a home invassion the person was arrested i was promised by the ramapo det on my

Asked 12 months ago - Suffern, NY

case that i would be notified when it went to court i wanted restitution he stole from me 27,500 every dollar left here other than th was counted and my police report states that amount after not being notified either by the court or DA the criminal got a year in reb and 5 years porbation no restutiuon or notification was made to me not even a phone call i was also injured and lost my job over this i have not left my house in over a year due to this i call the da office every week and told someeone will get back to me i was also told i cant speak to the DA himself only an attorney can bullshit i spoke to Albany and was told as a victim i have every right to speak to the DA himself i need to know what i can do next its been almost 10 months i call every week sent emails no reply

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . You cannot sue the DA because the DA has discretion on how to resolve a criminal case. You also do not have the right to speak with the DA. Put in a claim with the Crime Victims Board. You may be able to get some restitution. The DA may have a unit to help you do this or you can contact the Board directly.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Edwin Drantivy

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Unfortunately you cannot sue the DA's office over this as it has discretion in resolving cases. It is possible that the Defendant did not have any money to pay restitution at the time.

  3. James M. Osak

    Contributor Level 15

    1

    Lawyer agrees

    Answered . File a complaint on this DA with your
    state's attorney-grievance commission.
    He is an attorney and has obligations
    to act "professionally" whether he has
    prosecutorial immunities or not. Let
    him explain to the commission what
    he did. You can also sue the home
    invader but you'll probably have top
    wait years before he gets a job and
    can pay you.

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

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