Are there any motions that can be filed for a situation where a District Attorney refuses to present key evidence in a Grand Jury case?
For example, in the Michael Brown Ferguson situation, if Bob McCullough had key information that was sure to get Officer Darren Wilson an indictment and was refusing to present it, was there any course of action the family could have taken or any motion they could have filed?
No. The Prosecutor has discretion as t o what is presented.
In answering this question, it is not intended that an attorney-client relationship is formed and the information is for general reference only. I am licensed in Michigan and Florida and offer no legal advice outside of those states.
The prosecutor has control over what information is presented to a grand jury. The prosecutor does not have to present any evidence to a grand jury at all. He could have simply chosen not to indict. The decision of what cases to charge or investigate are left to the discretion of the District Attorney. If the public doesn't like it, they can vote him out of office.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
The state's attorney, (we do not have DAs in Illinois) is charged with the duty of presenting sufficient evidence to tyhe grand jury to secure indictment. There is no requirement that the entire case be laid out. There is no private (or even pubic) action available by the family or anyone else in order to force the state to present certain facts or evidence.
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First things first, either you watch too much random TV or you are not familiar with state law whatsoever. There are no District Attorneys in Illinois.
Secondly, if you are dealing with such legally intricate and compound issues, skip the "how to do it yourself" section in a local book store and find a competent and experienced counsel at once.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
The state's attorney in Illinois, the prosecuting attorney in Missouri, and the U.S. Attorney all have complete discretion on whether to charge an offense or present it to the Grand Jury. That is because they will have the burden of proving the case beyond a reasonable doubt if it goes to trial, and the evidence in many cases may not rise to that level of proof.
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