
09-10-2007, 10:45 PM
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Banned User
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Join Date: May 2006
Location: Republic of NY & Sovereignty that was meant & shall be!
Posts: 6,486
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Quote:
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Originally Posted by Buzz Sawyer
I was asked a question today, and really never thought about it. Actually, I'm upset that this has never crossed my mind.
The question was "What can you do if a prosecutor refuses to prosecute a case for you?" This person asking was wondering as was I!
To the best of my knowledge, a prosecutor has sole descretion on what he/she prosecutes. I see no way around it.
So, now I'm wondering, what would happen if one filed a complaint, crimminal, with a judge, prosecutor won't prosecute. What would be the best course of action?
The person asking, wanted to file a complaint for intimidation, a felony. The person who committed the crime, was charged with assault. Prosecutor claims something to the effect, that it would be attempting to punnish for the the same crime. Clearly not! Intimidation, and assault are two different offenses.
I've never thought of this before as I mention, but have posted on a couple of other boards, and thought I would try here as well. Case law would help.
Oh, this is at a county/city level. Victim attempted to file in higher court, and was told by the judge coulnt' do it.
Any suggestions? (Not including hanging, whipping, or the like, LEGAL/LAWFUL suggestions?)
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Quote:
Too many ingredients are missing.
There had to be at least 20 steps.
You listed only few.
No one can give you a realistic opinion when
so many premises are missing.
Don't forget -this is a criminal matter,
where there is no room for error!
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