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Is there anything you can do if a prosecutor does not file charges against a person for a crime?

Criminal Defense 3 views 3 answers
This is not a question of evidence. A person recklessly discharged a gun, out of a vehicle, causing property damage and almost hitting Deputy Sheriff's who were doing a stake out. It was 1:30 a.m. in a municipality. The deputy's ran to driveway of the person when the vehicle pulled with guns drawn. The person ran from the vehicle into his house and shut the door. The deputies then questioned the 3 people left in the vehicle who all told them what happened. The driver was charged with DUI. The person who shot the gun out of the vehicle, is a cousin of the two arresting deputies. I know DUI is a serious crime, but shooting a gun out of a moving vehicle, causing property damage is not? Obviously, this guy was not charged with anything because he is a relative. Is there anything to do?

Attorney Answers

3
John Fossum 1657759.Html ·
You can complain to the elected county attorney. If you really think there is something unethical here, you could complain the lawyer's professional responsibility board or the attorney general's office. But prosecutors have discretion as to what crimes to charge, and there may be any number of reasons to charge the case as they did.
0 upvotes
John Conard ·
The ultimate charging decision is up to the prosecutor, if you really want to see this individual charged, I suppose that you could write a letter to the prosecutor, asking them to review it. Just because charges have not yet been filed, does not mean they will never be filed. The prosecutor has several years to make that decision before the statute of lilmitations runs. They may be awaiting further investigation.
0 upvotes
Maury Devereau BeaulierCriminal Defense AttorneyMinneapolis, MN ·
Prosecutorial discretion means that it is the prosecutor that ultimately determines whether charges are to be filed and what those charges might be. They may be investigating the matter further or they may be investigating other matters affected by the matter you relate.
0 upvotes

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