Simply, how do I go about filing a complaint against a city prosecutor. I was involved in a "dispute" where charges against the other party were referred. After a couple of months, those charges never came to pass. This resulted in a negative action against myself by the other party that could have been avoided had the charges been carried through. I did contact the prosecutors office about this matter, but to no avail. Not sure where to turn at this point. Thank you.
Wills and Living Wills Lawyer
It's not uncommon for a prosecutor to dismiss charges if she feels like she doesn't have the smoking gun evidence to get a conviction. There can be thousands of reasons why a prosecutor would dismiss charges, just one is the efficacy of the criminal defense lawyer.
Without knowing more about the character of what the vague "negative action" (e.g. writing a bad online review of your business on yelp; setting fire to your house; stabbing you etc.) it is impossible to give more guidance. If the person hurt you financially, then you should pursue civil litigation to recover money you lost from that person, the prosecutor has nothing to do with the matter. If the person hurt you physically then you likely had a police report filed which is being reviewed by the DA's office to prosecute the person under the new incident. Basically in any case, the prosecutor that dismissed the charges against the person is not the person to go after, the individual that harmed you is where you will recover financially, or at least be a witness in the criminal prosecution under the new offense that occurred.
Best of luck
There is NO attorney-client privilege based on this interaction. I am NOT your attorney. We have no signed engagement letter with a clear understanding regarding fees. Further, everything we both just wrote is publicly available on the internet and would be the same as if we were talking in a crowded restaurant, there are many witnesses looking over your shoulder and can repeat anything you write here. If you need legal assistance use Avvo to find a local attorney in your jurisdiction that you feel can best represent your interests as a zealous advocate. My experience is in corporate tax, white collar criminal defense, partnership tax, and tax controversy/litigation. If you're being audited by the IRS or state taxing authority, or you are taking an unusually risky tax position on a return, that is the kind of thing you should have experienced counsel on your side and we can set up an initial consultation. If you have a family law, debt collection, violent crime sort of issue then I do not handle that. Do not contact me for an initial consultation on non-tax matters.
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Administrative Law Lawyer
By law prosecutors have independent authority and discretion to determine which cases to prosecute. A prosecutor will not be held civilly liable for declining to prosecute. A prosecutor is not required to provide an explanation or justification of any decision declining to prosecute with any matter. These principles sometimes lead to shocking results, such as where a clear case of a major crime is not prosecuted because the offender is "assisting" in other criminal investigations, as just one example. But the victim cannot compel prosecution, even when the result is apparently unjust.
The same principles protect the prosecutor from administrative (disciplinary) or ethical complaints based on a failure to prosecute. Theoretically, if you had affirmative evidence of corruption as the basis for the prosecutor's decision not to prosecute, you could bring and maintain an administrative complaint before the professional licensing agency and the prosecutor would even be subject to criminal action. But absent that very rare and extremely high standard of evidence, the state bars and attorney regulatory agencies will not autopsy an exercise of prosecutorial discretion.
When the prosecution declines to act, the victim's remedy is the civil court -- not against the prosecutor, against the perpetrator of the offense. If the statute of limitations has not yet run, consult a local civil litigator to determine whether your claim against the offender can be redressed by a civil action.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
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