QUESTION
My question is how do you challange the district attorney when they decide not to procute a murder case.
Asked on May 04th, 2012 on Wrongful Death - California
More details to this question:
A man was shot to death on March 30 2012 in Chino by the all womens prison. The family has been informed that no charges will be charged and hundreds will disagree with this desicon. I would like to know how to start the journey to justice?
1 ANSWER
Personal Injury Attorney serving Newport Beach, CA
Partner at
Bisnar Chase Personal Injury Attorneys, LLP
2 Awards
A District Attorney is under tremendous pressure to balance the dictates of administering the enforcement of justice in his county, respecting the rights of criminal suspects, and helping victims and families of victims answer the questions that criminal acts raise and dealing with the aftermath of these acts. No DA will
In keeping with his duties to the justice system the DA must determine whether or not he has sufficient evidence to prove that a crime has been committed and that the defendant committed that crime. If he does not have that evidence, he is supposed to refuse to charge the defendant.
It is the easiest choice for a DA to charge a suspect with a crime if he has anything close to sufficient evidence. It is braver to stand for the dictates of justice and the rights of the defendant and admit that there is not sufficient evidence, yet, to charge a suspect. The DA's first decision on a case is not necessarily a final determination. Other evidence might be found which will change that decision and result in charges and a trial.
I have no way of knowing at what level of the DA's office the current decision has been made. Ask to speak to the supervisor of the office. Work your way up the ladder. But be sure to know what decision has actually been made and why that decision was made. Deal in facts, not just emotion: you may find a receptive audience.
I hope you get the answers for your questions.
Brian Chase,
BISNAR|CHASE, Personal Injury Attorneys.
http://www.BestAttorney.com
http://www.ProductDefectNews.com
800-956-0123.
Answered on May 29th, 2012 at 7:58 PM