QUESTION

What can I do to get the DA exposed and the charge?

Asked on Sep 11th, 2012 on Criminal Law - California
More details to this question:
I was a victim of domestic violence by my boyfriend. I did not contact police but my ex-husband who was just released from prison for DV and still has a restraining order in place, showed up and pressured me to go to the Domestic Violence Center where he (not I) proceeded to tell an exaggerated version of the truth. (I am more frightened of him than I was of my boyfriend). They never insisted on talking to me alone. They never asked the obvious questions about the man talking for me.... Ultimately, I was ok with my (now ex-)boyfriend being convicted of DV, because he did hit me on a previous occasion and needs counseling, however, I just found out that they charged him with a slew of other crimes against me that didn't happen. For instance; we were arguing about money and he did say he thought 1/2 of it was rightfully his, but I told him I disagreed and I wasn't giving him any money - and I didn't. Then he got convicted of (plead to) burglary AND robbery??? He was also charged with and plead to torture which I can't even recall my ex-husband reporting and upon reading the penal code section, can find nothing that is even close to what happened. I was told he would be charged with DV. I feel the DA took advantage of me, never notified me to make a victim impact statement in court or to probation though they have my phone number. Never contacted me to be sure they had the facts etc., I have since written a letter to the judge and sent copies to the DA and the defendant's attorney. They acknowledge receipt of the letter but have not responded or called me, or even checked to make sure that my ex-husband isn't continuing to stalk me. After being a victim of two DV relationships and a monsterous stranger rape, I now feel I can add the DA to the list of people who have victimized me. He took away all my power as a victim. I will never trust the system (they aren't there for the protection of people) or the Domestic Violence Agency (they are just
Report Abuse

3 ANSWERS

Workers Compensation Law Attorney serving Sacramento, CA at Ernest Krause Attorney at Law
Update Your Profile
You really seem to be complaining that the ex-boyfriend was wrongfully convicted of a number of crimes. So it is up to him to deal with that. Because you were charged with no crime you are, really, a bystander to everything.
Answered on Sep 14th, 2012 at 6:27 PM

Report Abuse
Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
By lodging a protest with the judge, DA office, and defense attorney, you have done everything reasonable to complain. You have no apparent grounds for any legal action against the DA, as they, like all government agents and agencies, are immune from any such lawsuits unless you can conclusively prove the agent intentionally willfully abused and exceeded his legal authority, intending to violate your constitutional rights and harm you. That is not what you described. He may not have done what you want, and may have used you to get a conviction, and may have made mistakes or been negligent, but that is not the grounds for you to sue. The defendant's attorney may be able to use something in an appeal or other legal action, but that is up to him.
Answered on Sep 14th, 2012 at 5:46 PM

Report Abuse
I do not understand how he was convicted. It may be more of an issue with his defense attorney.
Answered on Sep 14th, 2012 at 5:34 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters