I need to know if a district attorney can drop major crimes committed and instead charge the victim.

Asked over 1 year ago - Portland, OR

A small business owner and my daughter conspired together to set me up on trumped up DV charges. They intercepted responding police and filed false and misleading statements. The purpose was to cover their illegal actions. Stopping the officer in route to my stolen vehicle report to 911. After stealing the vehicle it was returned less than 15 min later. My grown daughter followed instructions from her boyfriend and by doing so, entered my home forcibly and delivered multiple blows on me. I was arrested and jailed because of their acting skills. The case fell apart just before trial but the DA refused to press charges on the real aggressors. I was then arrested again for trying to sue them for damages. They called the police declaring I'd threatened to kill them. The DA is an idiot.

Attorney answers (3)

  1. 3

    Lawyers agree

    Answered . In theory they could; but they probably won't. DAs have largely unreviewable authority in how they charge criminal cases. And you're not likely to make them want to help you by threatening to sue them (ineffectually; DAs are immune to all lawsuits for the actions they take in the course of their duties), or calling them idiots.

    If you're accused of a crime, you need to consult with an attorney in private. Stop trying to contact the DA directly. Stop posting things about the incidents on the internet. It is not secure; your comments could be traced back to you and used against you. Anything else exposes you to additional risk.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. 1

    Lawyer agrees

    Answered . You'll likely find that criminal defense attorneys on here sound like broken records. Or maybe it's just me. But when I see these kinds of details posted by a person potentially facing charges, I always start by admonishing not to post such online. When you are the suspect in a crime, you need to REMAIN SILENT, which really does mean silent. To everyone but your attorney.

    Can the DA drop charges against you and pursue them against those the DA originally considered the victims? Sure. But you can't make the DA do anything. The DA will charge the case as the DA understands it, and how a case is charged is totally up to the DA.

    If you want to file a civil lawsuit for damages, that is your right. But for the moment, since the DA appears to believe the people you claim are victimizing you, your best bet is to STOP TYPING ON AVVO, AND FIND A CRIMINAL DEFENSE LAWYER NOW! (You can always talk to a torts attorney to discuss matters like the statute of limitations, and the timing of filing, and all of that will be confidential. But beware that if you file a suit regarding a matter in which you are a criminal suspect, you're risking incriminating yourself just to win the civil suit.)

    Dear Asker: This answer does not constitute legal advice, and I am not your attorney. No attorney-client... more
  3. 1

    Lawyer agrees

    Answered . It sounds like this DA has already decided that you're guilty of something, and is biased against you. Unfortunately, sometimes police and prosecutors will look at situations through the lens of other situations they've routinely dealt with, which creates a sort of self-fulfilling prophecy. They may have dealt with domestic violence committed by fathers against daughters with problematic boyfriends, and find it easier to believe that simplistic story line (that you'd use force to control her) rather than consider the idea that the whole incident is a charade.

    My suggestion is that if you're thinking about suing someone, either just do it, or walk away and move on with your life. Don't waste your time and energy threatening it.

    If you're accused of a crime, say nothing to them. Let your attorney do the talking.

    And if you're the victim of a crime, document it as best you can, and submit the best police report you can. That's all you can do.

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