Legal Question in Criminal Law in North Carolina
I went to court in December for a domestic violence case with the father of my children. After I had gave my paperwork to the DA. The case had been continued. When I went back to court my case had been combined with my fathers case and his lawyer represented him and me. The DA still had all the paperwork I had given her but she ended up representing the father of my children instead and the case got dismissed. Could I go back and file charges again with a different DA because of this?
1 Answer from Attorneys
You can file charges but the Da will be unlikely to pursue it. The DA, not the victim has the power to decide what to do with the case. Unfortunately, it appears the DA did not think there was enough to get a conviction. Based on your story, it sounds like both of you filed charges against each other, those are very difficult cases to deal with as you have dueling complaints of harm.
You also want to get something cleared up. The DA did not and does not represent either of you. The DA represents the county they serve, not the victims. They are different than most other lawyers in that we typically have clients that direct our work. The victims are not clients and do not direct the work of DA's. Also, it is unlikely that your husband's attorney represented both of you. It would be a conflict to represent parties that have filed criminal charges against each other.
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