I feel my brother's criminal attorney is not able to stop the DA for filing criminal charges for which they have no evidence.

Asked over 2 years ago - Los Angeles, CA

What kind of a criminal attorney do you need to have to defend someone's innocence? Not even able to stop DA for filing criminal charges without any evidence whatsoever except what the wife is saying? Thank God she did not hit herself/got someone to do the damage before she called 911. 6 days later, my brother got arrested while waiting for the interpretor inside the civil court for his restraining order hearing. LAPD were sent by "sugar daddy" who is using the power of either the FBI or CIA agency and stripping my poor foreign brother's civil rights like his wife stripped him from everything he owned with her for 11 years including all the money that he could not even have gotten a lawyer to defend his innocence in this " .........justice system".

Attorney answers (7)

  1. Andrew Stephen Roberts

    Pro

    Contributor Level 20

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    Answered . It sounds like you need a good criminal attorney . DA's file charges all of the time- in many matters that are questionable .

  2. Sean Anthony Brady

    Contributor Level 15

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    Answered . Just because the DA filed charges does not necessarily mean his attorney is doing a bad job. The DA have interviewed the wife who said all sorts of things and could be a compelling witness. You said they have "no evidence" but the testimony of his wife, even if false (because they don't know it is) is evidence. Your brother should communicate with his attorney and see what is going on. People sometimes expect attorneys to be miracle workers, but we are not, and sometimes the wheels of justice move slow and you have to just deal with it, as hard as it may be. Tell your brother to hang in there and communicate with his attorney, but if he feels his interests are not being represented by the attorney, he may want to speak with a few others to see if his concerns are valid or not. Good luck.

    Michel & Associates, PC
    (562) 216-4444

    All my comments here are intended for general legal purposes. None of my comments here establish an attorney-... more
  3. Pante-a Nilchian

    Contributor Level 10

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    chosen by asker

    Answered . DA files charges when they feel there is sufficient evidence. They often are concerned with protecting the "victim". Jury is the fact finder, not the DA nor the judge.

  4. Tai Christopher Bogan

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . Nobody can stop the DA from filing charges. That why there are juries. Take it to the jury and let the jury decide. Your brother might need an immigration attorney as well it appears.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  5. John Wesley Hall Jr.

    Contributor Level 13

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    Answered . Criminal defense lawyers cannot usually prevent charges from being pursued unless the DA is willing to listen, and usually they aren't. Conflicts between witnesses is why we have jury trials.

  6. Andrew Blair Leventhal

    Contributor Level 8

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    Answered . A criminal lawyer who will defend your brother with zeal once the DA files. A criminal lawyer does not control whether the DA or city prosecutor decides to file; a criminal lawyer can try to dissuade a prosecutor from doing so, but it is not in his or her utter control or power to preclude the filing. Prosecutors file domestic violence matters ROUTINELY with injuries and ONE complaining witnesses' story. Yes, that is our system unfortunately and yes, a good prosecutor can often win a jury trial with her testimony and injuries [whether by picture and.or officer/witness observation]. The only thing we can do is fight and destroy her credibility at jury trial or muster up EXTREMELY compelling evidence that shows the complaining party is not credible; even then, if the evidence destroying her credibility is not discoverable to the DA BEFORE trial, a defense lawyer runs the risk of letting an unreasonable DA know what we got and intend to use at jury trial [stuff that we as defense lawyers may be able to hide from the prosecutor until she is actually on the stand]. Thus, we really need to know who our DA is and do everything in our power to destroy her credibility and protect the client's case. Showing the DA our cards when we don't have to can be a major risk- the DA may say, "Ok, try it then" and now knows what we got when we could have hid it until she is on the stand. In some rare situations, the DA may be convinced and dismiss/announce unable to proceed [same thing] with such compelling impeachment evidence .... still a risk. The lawyer must know who/what DA he or she is dealing with and get that compelling evidence to show she is not to be trusted beyond a reasonable doubt; this way, the lawyer is ready regardless of how he or she decides to tactically proceed. In short, all we can do is fight and exercise our constitutional rights when/if the DA files and it is NOT the criminal lawyers' fault that he or she could not "stop" the DA from filing. Please note that great criminal lawyers try to dissuade filings all the time and do so unsuccessfully more times than not. Just hang in there and fight.

  7. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . An attorney cannot stop a DA from filing charges. The decision to file charges is the sole prerogative of the DA and is based on whether the DA feels there is enough evidence to secure a conviction. The statements of the wife ARE evidence.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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