Legal Question in Civil Rights Law in California

District Attorney Harassing me

I would like to know if a d/a has to have their investigator actually investigate or not-any criteria or proof to be met in order to press charges or not? I have charges against me for various things & no investigating was ever done. Why? ALL charges are false but I have to post bond, jail, court just to prove. I do have proof b/c I wasn't even in town at the time, but was arrested anyway. Can my ex just call a d/a, make up false charges & the d/a let's him? This has happened to me 5 times in 2 months & now we find out d/a knows my ex's family. In court, he stomped his feet, threw his papers & called me ignorant. I have no other criminal record and am a stay at home mom and well known in the community as coach, etc. Isn't there a conflict? Can we ask the state attorney to take over? This is very important b/c custody of my child has been given to my ex temporarily, pending these charges. My ex is harassing me w/ lies non-stop through the court system. Also, any and all charges me or my family has made against my ex w/ proof have been ignored. CPS was investigating as well as local hospital and same d/a stopped this. Is this allowed or is d/a overstepping?I have a criminal, family court lawyer & am thinking about getting civil.


Asked on 1/14/05, 4:15 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: District Attorney Harassing me

If the DA is really harassing you because of a personal relationship with the other party, and you can prove this -- usually such things are really hard to prove -- you could have a cause of action under 42 USC 1983. You should talk to a lawyer in your locality who has specific experience in civil rights (42 USC 1983) law.

Read more
Answered on 1/17/05, 9:34 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California