Legal Question in Criminal Law in California
appealing a DA decision on charging defendant
My husband was assaulted in June 05. He had to undergo emergency surgery resutling in a plate in his face and has ongoing appts & pain from this. After granting numerous extensions, resulting in almost 2 years going by - the arresting officer has died & the main witness says he can no longer remember exactly what happened. All charges against this person have been dropped, he not even has so much as a misdeamenor charge. IS there any kind of recourse we have as far as the criminal protion. I know there is always the civil means which we intend to pursue, but I would like to see this guy be charged with something?
2 Answers from Attorneys
Re: appealing a DA decision on charging defendant
What do you mean, "you intend to pursue" a civil lawsuit? You have but weeks left before the case would be barred by the statute of limitations; your witnesses are dying and becoming forgetful. Where did you come up with this run-out-the-clock offense?
Re: appealing a DA decision on charging defendant
If you can't get the police and DA to prosecute, focus on a civil case. You have a 2 year statute of limitations running on the civil case. Take action soon or lose that right. Hopefully, the bad guy has money, assets, income or something to collect against, or you're going to have to do it on principle. Feel free to contact me if you want to pursue it, if it is in SoCal.
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