How to press charges.

[Zach]

I was being harrassed by cell phone for several months and finally I called the police. The first time the police came they advised me to get a civil protection order. I tried to get the CPO and was not eligible because I had never lived with this person. The calls continued and I called the police and this time a report was filed. I was told the report would be filed and would go to the Prosecutors office and they would decide from there. I found out that they did issue a warrent for her arrest. I also filed a stalking civil protection order and was issued an emergency order until we have a hearing that she and her attorney will be present at. I would like to know if I need to do anything to make sure she does not get out of the arrest warrent. Do I need to contact the prosecuters office to press charges against her or do I have to go to more expense and have my attorney do it for me. I would like to see her arrested for the problems she has caused with her phone calls.

[Litigator]

It sounds as though you have done about all you can do. Though it is frustrating being a victim and though it seems like it takes forever to get a matter resolved you have to let the process work. With respect to the criminal charges, you really have no control over that process as it is up to the police and prosecutor to pursue that case and whatever the prosecutor decides to do will be final. Hiring a private attorney would not necessarily help on the criminal side because about all that attorney could do is stay in touch with the prosecutor--he could not make the prosecutor pursue the criminal case.

If the protection order process and criminal process fail you, then that is when you may very well want to get your own attorney involved because the attorney works for you whereas the prosecutor works for the government. A private attorney may very well be able to pursue a tort action against the perpetrator.