I am the victim of a burglary & assault. The defendant in turn had charges pressed on me as when I defended myself (in my own home) I left marks on him.
He has a total of 8 charges, 2 of which are felonies.
I have a misdemeanor simple assault, & a summary harassment.
This happened 8 months ago. I have obviously been fighting this long, have already paid to go to trial for my charges, & have been preparing for trial on his charges. There have been 2 criminal conferences, and my jury selection was set for next month.
I just received a call from the DA's office saying the DA changed both sides to nolle prossed. I tried to speak to the DA but his office will not allow me. The victim/witness coordinator told me that I have no choice in this matter, it's closed, & they are basically taking the attacker's side. I can't seem to get a reason as to why it was closed.
I know typically this happens when there is not enough evidence for the DA to believe they can get a conviction, however this isn't the case as I have provided plenty of evidence.
What can I do about this? Do I have to start all over and re-file charges through the police? It's looking as if I have no rights here - why?
Whether or not to proceed with a criminal prosecution is up to the DA. You have certain rights in terms of being notified as to court dates and their decisions, but you do not have the right to a criminal prosecution. You can hire a lawyer and file a civil suit if so inclined.
Typically when the DA's office withdraws charges against a defendant accused of a violent offense, it's because there are substantial victim/witness credibility issues, or they lack the proof needed to secure a conviction. You can reach out to a civil attorney to discuss any potential civil recourse that you may have, but the DA's office has control over whether or not a case is brought to trial.
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