Can you sue the DA office?

If a prosecutor files such a case and the charges are dismissed, the defendant can sue for malicious prosecution and seek financial damages. The law that allows a malicious prosecution suit is aimed at preventing and addressing abuse of the legal process.

How do I file a complaint against a district attorney in California?

For information on how to file a complaint, visit www.calbar.ca.gov or call the Attorney Complaint Hotline at (800) 843-9053.

What happens when the DA rejects a case?

A “DA reject” due to a lack of sufficient evidence means just that…the DA feels that while there is evidence, it isn’t enough to proceed with the case. If more evidence is later uncovered, the DA may reverse that decision and decide to pursue the case.

How long does the DA have to file charges in California?

Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.

How does the assistant United States Attorney ask to dismiss a case?

The Assistant United States Attorney may ask the court to dismiss a case that has been filed in court. The Assistant United States Attorney may do this because the court will not allow critical evidence to be part of the case, or because witnesses have become unavailable.

Does a district attorney have the authority to arrest someone?

Even looking at this question from ‘across the pond’ – I know a DA has no more legal power to arrest someone than any other ‘civilian’. The only people with the authority of arrest – are sworn law enforcement officers. No. A district attorney is not a police officer. S/he can authorize an arrest but an arrest may only be made by a sworn officer.

Why did the district attorney’s office withdraw from a case?

The trial court nevertheless ordered the district attorney’s office to withdraw from the case to “avoid even the possibility or impression of any conflict of interest,” and also ordered that the district attorney’s office have “no further participation” in the case.

What is the difference between an assistant state attorney and district attorney?

The attorneys who work for the State’s Attorney, but are not elected by the people, are “Assistant State’s Attorneys”. District Attorney is an attorney for a specific geographic area, like a State’s Attorney. It can be an elected or appointed position, depending upon the state.