what kind of lawyer do i need for pressing charges

Who can press charges in a criminal case?

Jun 13, 2015 · You need a lawyer called the District Attorney. First, you should call the police. Not sure of the non-emergency number, but the emergency number is 911. The reason that you only find defense attorneys is that we are the only ones that advertise.

What to do if a defendant cannot afford to hire a lawyer?

May 14, 2016 · Use of a criminal lawyer to press charges. If you have questions about criminal charges or even about testifying against a suspect, we are here to help you understand your rights in your situation. The assistance of a criminal lawyer in San Marcos can help make the process much easier and understandable.

What steps does the prosecutor take before pressing charges?

Dec 09, 2015 · The prosecutor’s office will review the police reports to decide if the evidence warrants filing charges. At this stage there needs to be more than the probable cause for an arrest. The evidence needs to be good enough to make winning at trial likely. For felonies, the prosecutor may need to take additional steps before pressing charges.

Do I need a lawyer for a personal injury lawsuit?

Hiring an Assault and Battery Lawyer. If you are looking to press charges for an assault, or if you already have pressed charges, it is advisable to find legal representation. Victims who have been harmed by an aggressor in an assault should hire a personal injury lawyer.

Is pressing charges and suing the same thing?

What does pressing charges on someone mean?

Can police press charges without victims consent?

Does assault have to be physical?

Who decides whether to press charges?

Unlike what you often see on TV, the decision to "press charges" doesn't rest with the victim; it rests with the prosecutor. But the victim's willingness to testify and cooperate with police and prosecutors can be crucial in the case against the defendant.

How does the prosecutor determine whether to pursue a case?

In determining whether to pursue a case, the prosecutor will consider the victim's statements and expected level of cooperation. A victim cannot force or require the prosecutor to pursue a case, but the prosecutor is more likely to pursue criminal charges if the victim is cooperative.

What to do if you are subpoenaed?

If you believe you've been the victim of a crime but the prosecutor or police refuse to pursue the case, contact a local attorney for a consultation about your rights and options. Likewise, if you receive a subpoena to testify in a criminal trial and have concerns, an attorney can advise you of your rights and appear in court with you, if necessary. It's never advisable to ignore correspondence from a prosecutor or district attorney's office or a subpoena without consulting with an attorney.

What to do if you receive a subpoena?

Likewise, if you receive a subpoena to testify in a criminal trial and have concerns, an attorney can advise you of your rights and appear in court with you, if necessary. It's never advisable to ignore correspondence from a prosecutor or district attorney's office or a subpoena without consulting with an attorney.

What is an unwilling prosecutor?

In some cases, a victim might want to pursue criminal charges but the prosecutor may determine a crime was not committed or that not enough evidence exists to prevail at trial, even with the victim's testimony.

What happens when a crime victim contacts the police?

In the typical scenario, a crime victim contacts the police, and the police come to the scene or meet with the victim and ask for information.

How to help victims of domestic violence?

Some victims might use the same device, network, or phone plan as the abuser , allowing the abuser to see the victim's search or call history or otherwise track their activity. Many smart devices contain cameras or GPS tracking that can be used to locate and monitor your whereabouts. If you're concerned about your privacy or safety, several organizations provide assistance and resources, including National Domestic Violence Hotline and RAINN. You can also check out our Resources for Victims of Crime.

What happens if a victim refuses to press charges?

In certain circumstances, a prosecutor may decide to go forward with a case even when a victim decides not to press charges. If this happens, the victim will receive a subpoena to be required to appear at the trial. Refusal to appear in the trial may mean being held in contempt of court or being arrested.

Why do criminal attorneys in San Marcos work?

This is because a criminal attorney in San Marcos can help ensure that everything that can be used to make a strong case against the suspect, is being used. Without cooperation and enough evidence, there may not be a strong enough case to go to trial.

Can police arrest a suspect without a warrant?

Sometimes police might have probable cause to arrest a suspect without a warrant.

Can a person who was wronged file a police report?

It’s possible that the person who was wronged is not certain of whether or not they want to file a police report. While this is that person’s right, there is a limited amount of time to make this decision. This is because prosecutors need to file charges within a specified period of time after a crime has been commited.

What is a criminal case?

A criminal case is not like a civil case, in which you can file a lawsuit against the person who wronged you. Instead, the prosecutor’s office files criminal charges. You may influence the decision, but in the end it’s up to the prosecutor.

How long does it take to file a criminal complaint?

The amount of time varies by state and type of crime, but generally ranges from 1 to 5 years. That means you have to file your report early enough to allow the police and prosecutor time to do their jobs.

Do prosecutors rely on uncooperative witnesses?

Usually, though, prosecutors don’t like to rely on an uncooperative witness. They prefer to have enough other strong evidence before pursing a case.

Do you have to file a criminal report early?

That means you have to file your report early enough to allow the police and prosecutor time to do their jobs. If you have any questions about pursuing criminal charges or testifying against a suspect, a criminal lawyer in your state can help you understand your rights in your specific case.

Can a prosecutor decide if you want to press charges?

But even with your help, the prosecutor may decide the case isn’t strong enough to press charges . This can be frustrating, but the final decision is the prosecutor’s. The prosecutor may also move forward with the case even if you decide you don’t want to press charges.

Can you press charges against someone who has committed a crime?

If someone has committed a crime against you, it’s normal to want to press charges against that person. However, getting criminal charges filed is not quite as simple as filing a civil lawsuit.

Do you have to take a grand jury to indict a felon?

For felonies, the prosecutor may need to take additional steps before pressing charges. Some states require convening a grand jury to indict the suspect. In other states the prosecutor must convince a judge to go to trial.

Why is it important to press charges?

However, they should ensure that they follow the appropriate procedures to do so to ensure their safety and the successful convictions of their assailants.

How to press charges for assault?

How To Press Charges For An Assault. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station , you may call them over the phone. All you have to do to kickstart the process is express that you want ...

Why do people file assault charges?

When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, r estraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be.

What is assault charge?

Types of Assault Charges. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably.

What is the punishment for assault and battery?

Both assault and battery are criminal acts and are punishable by court. The most common punishments for assault and battery are jail time and fines.

How do police investigate a crime?

After police officers obtain the details that they need from the victims, they will then issue the victim’s copies of the reports that they filed. After that, the complaints will be taken to the prosecutor’s office where the prosecutor will look over the report to determine whether or not he or she believes there is enough information contained within the report to prosecute the assailant. If the prosecution believes that there is enough evidence to prosecute, then an arrest warrant will be issued for the assailant’s arrest from the judge. Additionally, police officers will investigate the crime further to obtain any additional evidence .

Can you press charges against an assaulted person?

The sooner you press charges for the assault, the better the investigation will be. Keep in mind, in instances where people are assaulted but police officers were not called on the scene or did not arrive on the scene in time, people can still press charges against their assailants by following the appropriate channels.

What do criminal defense lawyers do?

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers: Negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.

What is the power of a prosecutor to decide whether to file a charge?

For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file— determines much of what actually happens in the criminal courts. The particular prosecutor who has the power to make decisions, and when those decisions are made, can greatly affect the outcome of a case. An act that looks on paper to constitute one specific crime can be recast as a variety of other crimes, some more and others less serious. What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.

How to help a defendant with fear?

Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people. Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial.

How is self representation made difficult?

Self-representation is made difficult in part by the typical gulf between paper and practice in criminal cases. In books you can find laws that define crimes, fix punishments for their violation, and mandate courtroom procedures. Take the time and trouble to read these books, defendants might think, and they'll understand the system. Alas, the practice of criminal law can't be understood by reading books alone, even this one. To experienced criminal defense attorneys, the criminal law appears much the same as a droplet of water appears to a biologist under a microscope—a teeming world with life forms and molecules interacting unpredictably.

What do witnesses do when they are accused of a crime?

Gather information from prosecution witnesses. Witnesses often fear people accused of crimes and therefore refuse to speak to people representing themselves. Witnesses are more likely to talk to defense attorneys or their investigators.

What is the power of the prosecutor?

The Power of the Prosecutor. For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file — determines much of what actually happens in the criminal courts.

What is a statute book that looks on paper to constitute one specific crime?

What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.

Why can't a prosecutor press charges?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt. If the evidence isn't there (or likely to be suppressed before trial), proceeding with charges would be futile.

What is the best way to persuade a prosecutor to file charges?

Most of the time, if the case is sensational, public pressure is the best means of persuasion. One very narrow approach may, however, be available to compel a prosecutor to file charges. This approach involves using a legal tool called a "writ of mandamus.".

Why can't a prosecutor pursue a criminal case?

A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure. Prosecutors are attorneys employed or contracted by federal, state, and local governments to prosecute suspected criminal offenders on behalf of the community they represent.

Why do prosecutors face political pressure?

Because the role of top prosecutor is an elected position in many juris dictions, prosecutors may face political pressure to prosecute or refrain from prosecuting a person suspected of committing a crime. Limited resources.

What happens if a prosecutor decides not to pursue a criminal case?

Alternatives Available to a Victim. In many jurisdictions where a prosecutor decides not to pursue a criminal case, the victim will have little recourse. Public pressure, aided by social media, may cause a prosecutor to reconsider the decision not to pursue a criminal case.

What are the duties of a prosecutor?

Prosecutors must carry out their duties to the public they represent , but like most public agencies and private businesses, resources are finite. A prosecutor may decide to make prosecution of certain offenses a priority, while offenses that are deemed lower priority might not be as vigorously pursued.

Why can't charges be pursued?

In some instances, charges for lower-priority offenses may not be pursued at all because of budgetary or staff constraints. No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result.

The Path of A Typical Arrest

Determining Probable Cause

The Roles of The Prosecutor and Grand Jury

• If the police arrest the suspect, the prosecutor will review the police report and determine whether the government can proceed on the charges. The prosecutor must determine whether the government can, with the available evidence, prevail at trial. To win at trial, the prosecutor must prove beyond a reasonable doubt—a standard of proof much higher ...

See more on criminaldefenselawyer.com

The Victim's Role in Prosecution

Proceeding to Trial Without The Victim

Private Criminal Complaints and Prosecutions

Legal Representation