Complaining about District Attorney

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Latest post 12-14-2008 3:53 AM by dimaggio. 9 replies.
  • 12-10-2008 2:18 AM

    Question [=?] Complaining about District Attorney

    I was assaulted at work 7 months ago. The DA had my case for all these months and today my case was heard. I lost the case because the DA neglected to contact and subpoena my witnesses.
    Is the process for complaining about a DA the same as against any attorney?
    Thank you in advance.
  • 12-10-2008 8:31 AM In reply to

    Feedback [*=*] re: Complaining about District Attorney

    Probably not.

    You have to convince your fellow citizens to vote him out of office. In most jurisdictions, the DA is an elected official.

    In larger areas, however, it probably was a deputy district attorney that actually prosecuted the case. He or she is more likely to be an employee than an elected official.

    In that case, you could complain to his or her boss. You also could make a complaint to the state bar, but I would not expect much to come of it.

  • 12-10-2008 11:33 AM In reply to

    re: Complaining about District Attorney

    "I lost the case"

    No you didn't. The state lost the case. Victims of crimes are not parties to, and have no legal interest in, the resulting criminal prosecutions.

    "Is the process for complaining about a DA the same as against any attorney?"

    You can complain to his/her superior (I'm assuming this is an assistant DA rather than the DA, who is (I assume) an elected official). You can also complain to the state bar, but, since you were not a party to the action or a client of the DA, I doubt the state bar would do anything.
  • 12-10-2008 11:38 AM In reply to

    re: Complaining about District Attorney

    Well, thank you. I think I understand that. However, I was the victim in the case, so when the defendant was found not guilty it seemed as if "I" lost the case.

    Thanks for the help.
  • 12-10-2008 1:34 PM In reply to

    Feedback [*=*] Being prosecuted doesn't mean someone will be found guilty . . .

    or we'd just skip trial and hang people out back.

    Even if your witnesses were called to court that isn't a guarantee that the state would have won.

    You can complain to the state bar, but I wouldn't expect this to go anywhere.

    You may still be able to sue the defendant in civil court.
  • 12-10-2008 9:56 PM In reply to

    re: Being prosecuted doesn't mean someone will be found guilty . . .

    I understand that I never had any sort of "guarantee" that the man would be found guilty. However, this DA's office never called me even once. They did not check to see if I had witnesses and the presented about half of the facts.

    The people who answer on these message boards always seem to take the side of the Attorneys. Despite that, when I need to understand something, I come here and get the Attorney's perspective and I always come away understanding something I did not previously.

    I'll complain. I am very aware it is like yelling into a black hole, but I don't have anything to lose but time at this stage.

    I wonder why all lawyers have adopted this approach of seldom if ever returning phone calls. It's like all lawyers have a new pact: Don't call people back. Maybe the little people should have a new pact: complain complain complain to every agency available.

    p.s. Thanks for answering me. The truth is, I always get more information here than I ever do from a lawyer that I have actual dealings with.
  • 12-11-2008 1:50 PM In reply to

    Feedback [*=*] re: Being prosecuted doesn't mean someone will be found guilty . . .

    "this DA's office never called me even once. They did not check to see if I had witnesses and the presented about half of the facts."

    The prosecutor's office is a political office. Politicians don't become liable for most decisions they make. The office has limited resources and has to allocate them among a whole bunch of criminal events. You can't sue them for making a discretionary decision like this.

    And, a whole lot of prosecutors are just lazy, but that's not a basis for any litigation.
  • 12-12-2008 11:12 AM In reply to

    re: Being prosecuted doesn't mean someone will be found guilty . . .

    I don't want to sue anyone. I want to complain. It's just an old-fashioned measure of advising a higher up that something was mishandled. My question was what agency do I complain to and it has been answered (that I can complain to the Head of the county's DA). I'll do that..aware that there will be no remedy to me. If I may ask one additional question, what agency oversees a county District Attorney's office...is it the State Department of Justice? Thanks again.
  • 12-14-2008 2:27 AM In reply to

    • DOCAR
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    • Joined on 12-09-2000
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    Feedback [*=*] re: Being prosecuted doesn't mean someone will be found guilty . . .

    As attorneys they are overseen by the state bar. If the DA were to be investigated for criminal activity, then the state Attorney General would most likely be the one to do it. Otherwise, the DA (as opposed to the deputies) is responsible to the voters who put him/her in office and can be voted out at the next election.
  • 12-14-2008 3:53 AM In reply to

    Agree [=|=] thank you all!

    appreciate the explanations.
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