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  1. #1
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    Nov 2009
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    Default The Prosecutor Won't File Charges

    My question involves criminal law for the state of: Oklahoma
    I am trying to press Grand larceny (value over $500.00), Malicious Mischief (value over $2500.00) and crimial trespassing against a very rich and powerful man and his crew. I have a local lawyer but have meet with much "resistance" from the local government. My concern is when I go through all the hassel & expense of getting this to the D.A. they will not press the charges or lessen the charges (I've been advised). My attorney told me that Selective prosecution does excist and there's not much I can do about it. The D.A. can handle it as she pleases. I ask if I could file suit under the Fourteenth Amendment (EQUAL PROTECTION) if they fail to act upon the evidence (the man has admitted in two emails and a statement to the press) he had my property stolen and taken to another state). My attorney told me the Fourteenth Amendment was for defendants of crimes and not victims of crimes. I ask him as a victim what can I do? He said vote. My question, is this sound advise or should I seek a different attorney?

  2. #2

    Default Re: Victims Rights-Fourteenth Amendment

    Perfectly sound advice. The DA and ONLY the DA gets to decide whether or not to bring criminal charges. OK, like all states now, does have state victim rights legislation in place, however none of that overrides the DA's position to bring or not bring a case.


    See this thread for similar info...

    http://www.expertlaw.com/forums/showthread.php?t=88200
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
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    Aug 2007
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    3,837

    Default Re: Victims Rights-Fourteenth Amendment

    As the Supreme Court stated in Linda R.S. v. Richard D., 410 U.S. 614, 619, "in American jurisprudence . . . a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another".


    A civil suit is/may be remedial IF the state will not press charges.

  4. #4
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    Nov 2009
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    Default Re: Victims Rights-Fourteenth Amendment

    Somehow my post name got changed to "The prosecutor won't file charges". I don't know this for a fact yet, only heresay. But it's a shame that this country gives more rights to criminals than victims. And to give all that power to one person without any kind of oversite committee other than the ballet box is just turning a blind eye to justice.

    Thank you for your responce and advice, I believe my attorney has given me sound advice but I alway question and research things that just don't sound right. Mine is a small thing conpared to some cases I have read including rape and murder where charges were not filed so I guess I'll just go with the flow for now.

  5. #5

    Default Re: The Prosecutor Won't File Charges

    Our country was FOUNDED by people who were considered criminals (by the English crown). A huge portion of our laws reflect their fear of the vast unfairness to those accused, who had property, liberty, and even life, taken with only so much as a point from a rich or powerful finger; so yes, you're correct that our system is centered on protections for the accused.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  6. #6
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    Default Re: The Prosecutor Won't File Charges

    Quote Quoting aardvarc
    View Post
    Our country was FOUNDED by people who were considered criminals (by the English crown). A huge portion of our laws reflect their fear of the vast unfairness to those accused, who had property, liberty, and even life, taken with only so much as a point from a rich or powerful finger; so yes, you're correct that our system is centered on protections for the accused.


    Have you ever read what happened to the 56 signers of the Declaration?

  7. #7
    Join Date
    Nov 2009
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    12

    Default Re: The Prosecutor Won't File Charges

    BOR, I didn't know this but found a website that breifly explained some of the history and was very interesting reading.

    http://www.americanfamilytraditions....dependence.htm

    I can understand the logic behind the laws that were drafted 200 years ago, furthermore I understand that many innocent people get "caught up in the system" and we must have these rights. It is a system of checks and balances to make sure all people are treated fairly, as they should. I am a engineer by trade and was trained to think in logic. And logic has shown me that many people know how to work the system on both sides of the law, with the "uneducated mass or law-abiding citizens" being caught in the middle. We don't have much of a need to know the system until it is thrust upon us. But when it is, to find such shortcomings for the rights of the victims is an eyeopener.

    This site has been very informative and I thank both of you again for your time to educate me.

  8. #8
    Join Date
    Aug 2007
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    Default Re: The Prosecutor Won't File Charges

    Quote Quoting dmac61
    View Post
    This site has been very informative and I thank both of you again for your time to educate me.
    You are most welcome!

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