I was in a preliminary criminal case for theft of property I had 10 witnesses the DA said he would supoena 2 because he didn't want to show his hand & he would talk to me prior to court. All of a sudden the DA doesn't show up someone else took his place he never introduced himself didnt show paperwork I had to show property was mine & never called my witnesses which they supeaned. I feel my civil rights were wronged....is this legal???
I'm not quite following your fact pattern here. However, it sounds as if you were a victim, and you feel that the DA (we call them Commonwealth's Attorney's here in Virginia) did not do a good job in prosecuting. If he did a bad job, then he did a bad job, but that doesn't mean it was illegal.
First, prosecutors in Virginia must only establish probable cause at a preliminary hearing, and not prove beyond reasonable doubt. That want to preserve the "element of surprise" for trial (which we then call "trial by ambush), so they show at a preliminary hearing only just enough evidence to establish probable cause. So, did the prosecutor here do a bad job? I wasn't there and can't say. However, if the judge found probable cause and certified the matter to grand jury, then he did his job well enough.
Many prosecution offices do not have the same prosecutor following the same case all the way through. It is not uncommon for them to assign a different prosecutor.
This is just general legal information and not legal advice. It does not constitute attorney-client relationship.
Each case is handled by he office of the primary Commonwealth Attorney, usually by assistants. Each has the discretion to handle cases as they deem appropriate. As said elsewhere, if the case is sent to a grand jury, then the defendant will likely be indicted. Remember that the prosecutor will be the one to decide whether to offer a plea of proceed. If you want a conviction, then you should keep that in mind. Good luck.
Nothing in your fact pattern indicates anything illegal. It sounds as if the prosecutor was utilizing his discretion to streamline the cases. Not every jurisdiction engages in "vertical prosecution" in which the same prosecutor handles the same case throughout.n however, a good prosecutor should keep his victim and witnesses informed.
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