I was attacked last year. The person who did it was arrested and charged. They were released on their own recognizance. As part of the bond, they were supposed to attend anger management class which they never did. I asked the judge to revoke their bond but they refused. The charges were misdemeanor at first but were upgraded to a felony because of my injuries. Since then, nothing has happened. When will they have to go to court ? I understand they don't have to be indicted, that an accusation can be filed but nothing has been done. I've met with my victim's advocate and the investigator. I gave them video of the attack. It's frustrating I have to relive the pain and they walk around free.
Unfortunately, the criminal justice system is never particularly swift. The prosecutors and judges have a huge caseload and individual cases seem to take a very long time to come to fruition. It sounds like this case is taking even longer than many because it went to the solicitor's office as a misdemeanor first, then had to go through the process of sending it to the DA's office and having them agree to upgrade the charges to felony charges. Then once that is done, the DA's office has to wait for a Grand Jury to hear the facts of the case and indict the person. When the case has finally been indicted, then it will be given an official case number and assigned to a judge and an Assistant DA. There will be an arraignment date set when the defendant formally answers the charge with a plea of Not Guilty, Guilty, or No Contest. If the plea is Not Guilty, then there will likely be motions hearings and a calendar call date before an actual trial date is set. Even when a trial date is set, many times the case won't be reached because the oldest cases get tried first.
I know this is not what you want to hear, but unfortunately it is the way that our system works, and it is honestly the best system in the world. There are quicker systems of justice out there, but often that swiftness can result in some very bad outcomes.
Start with asking the district attorney assigned to prosecuting the case. Criminal cases can take some time to get to trial. It appears you have spoken with the victim;s advocate - you might want to try speaking again with that person.
You could always file a civil suit against the person for assault and battery. Those are torts as well as crimes. If you are successful you could recovery your out of pocket expenses as well as damages for pain and suffering. If the facts are as clear cut as you assume they are, and the person who committed the assault and battery against you has any assets or any insurance that might cover the losses, like home owners or an umbrella policy, you might be able to find an attorney who will handle the case on a contingent fee basis. But there is nothing a victim can do to speed up the criminal process.
I agree that is difficult, and often frustrating for a victim who attempts to speed up the actions of the criminal justice system. The case is in the hands of the local DA and judge. However, I also agree that having a good civil attorney in your corner can be effective, and not just for filing a possible personal injury action. A civil attorney, whom the DA respects from past experience, can help to "focus" the DA on your case and to perhaps advocate harder. A DA is sometimes receptive to a well-written legal and factual letter which advocates for progress in a client's criminal case. A DA often has many files, and a trusted local attorney can help re-focus a DA on the facts and progress in your specific matter. Good luck!
