Legal Question in Criminal Law in California

police innaction

a minor girl was raped and the evidence was gathered. there is DNA evidence that was gathered and from all involved it is agreed that the offense occurred however the problem comes from the investigators. the rapist is the son of a political person and the family of the young woman has been constantly pushed to not proceed with the case. the investigator has gone as far to advise the parents that when the DNA is gathered from the mattress pad that theirs and anyone elses would be disclosed (rape occurred on parents bed) it appeared as if the investigator was saying ''are you guilty of anything''. the evidence was gathered over thirty days ago and has yet to be processed and finally the family was told that it could take up to six months for the tests to come back after they have been submitted. I truly believe that there is preferential treatment being shown here and it is looking as if the police really want no part of this.


Asked on 9/08/07, 2:56 pm

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: police innaction

The simple solution is to sue the offender and parents if he was a minor. You can't force police and DA to act, they have discretion, and have no obligation to protect any particular individual. Feel free to contact me if serious about doing this, if the case is in SoCal.

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Answered on 9/10/07, 1:18 pm
Anne Marie Healy Law Offices of Anne Marie Healy

Re: police innaction

Keep pursuing this. Just because the police do nothing doesn't mean you should just sit there. There are things you could and SHOULD be doing because of the time lapse. File a civil action so that you can initiate discovery proceedings. And don't let them intimidate you. Just because there's might be evidence gathered that links to the parents doesn't mean that the parents are going to be accused of something. This is not a difficult case. It's just a little more complex because of the parties involved. Don't back down! Please call my office for a consultation.

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Answered on 9/09/07, 4:14 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: police innaction

The F.B.I has jurisdiction over this type of corruption.

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Answered on 9/08/07, 3:18 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: police innaction

The minor girl (her parent or guardian) should: 1. Sue the perpetrator (subpoenaing the evidence from the crime lab); 2. Consider suing the police under 42 USC 1983 for giving the perp preferential treatment; 3. Consider going to the news media. I wouild be pleased to hear from the victim's parent or guardian (only).

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Answered on 9/08/07, 5:28 pm


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