Round And Round It Goes, Will The DA File? Nobody Knows…
April 9, 2009
I recently consulted on a case involving a crime committed by an employee. The client was concerned about the employer seeking prosecution of the (now former) member of the staff. After explaining the back room process that precedes virtually all filing decisions, both the client and I were left a bit frustrated.
Simply put, I had to advise them that they had a solid case, and the employee was deserving of a filing. I also had to expand on the fact that I have seen cases not filed for all sorts of reasons one might not believe:
- Bad day
- Long day
- DA doesn’t get along with the detective
- Detective doesn’t get along with the DA
- Docket issues
- My all-time favorite, “Something doesn’t feel right.”
In the end we were able to collaborate and help bring out the important cosmetic features to the crime, and de-emphasize some of the blemishes. I am confident a filing is forthcoming. Yet another room in the criminal justice hallway that holds as many mysteries and nuances as it does rules and regulations.
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