Domestic Assault charge dismissed @ preliminary hearing due to false testimony. How do I present charge to Grand Jury?

Batterer has Long History of Abuse and Assaulted me in front of witnesses. The Defense presented false testimony misleading the Judge, causing charge to be dismissed, which I can prove. Charge never would have been dismissed, if Defense hadn't presented false testimony and Batterer has already had the charge Expunged off record, in less than 30 days. How do I present the Charge before the Grand Jury, if the DA want return my call?

Goodlettsville, TN -

Attorney Answers (4)

Patrick Wellington Denton

Patrick Wellington Denton

Criminal Defense Attorney - Johnson City, TN
Answered

You may be out of luck. The proceedings at a Grand Jury are secret, and no one other than grand jurors, district attorneys and their witnesses have the right to be present. The district attorney may have determined that the case was impossible to prove because of the existence of contradictory testimony. If you can't change their mind, you could always pursue a civil remedy for monetary damages. If you decide to go this route, the statute of limitations (time you have to file a lawsuit) in Tennessee for such actions is one year from the date of the conduct giving rise to the action.

Stephen Alan Sauer

Stephen Alan Sauer

Criminal Defense Attorney - Memphis, TN
Answered

Just because the charges were dismissed by the General Sessions Judge does not mean the case won't still go before a grand jury. I don't know how it is up in your part of Tennessee, but here in Shelby County (Memphis), cases are often dismissed in General Sessions. The DA's office still takes the case to the grand jury and indicts. A dismissal in General Sessions is not a final dismissal. They can still end up in criminal court. But it is up to the prosecutor to indict. The fact that his charges were expunged (removed from his record) is also irrelevant. He can still be indicted and if indicted, and convicted he will have a record. As the prior attorneys mentioned, you can also sue him in civil court. Be aware that the statute of limitations in Tennessee is one year. This mean you have one year from the date of the assault (not one year from the date of charges or conviction) to sue or settle. If you wait beyond a year you will likely be barred by the time limits from suing.

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Kathryn Mary Holton

Kathryn Mary Holton

Criminal Defense Attorney - Georgetown, TX
Answered

Before a Prosecutor presents a case to a Grand Jury, there needs to be an investigation by law enforcement.
Before there is an investigation, a citizen (you) needs to file a complaint to the police. this is the process in most jurisdictions.

John Arnold Steakley

John Arnold Steakley

Criminal Defense Attorney - Marietta, GA
Answered

Victims can sue civilly if the criminal justice system fails them.

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