Thursday, April 17, 2014

What recourse does an individual have if the prosecutor assigned to his complaint refuses to investigate properly?

Q:  I taped a conversation with the prosecutor and it seems clear he never intended to do his job. He never even interviewed me "substantively", as I recall him promising. Here is the taped phone call - with some added humor... http://www.youtube.com/watch?v=vi2i5I8OX40


A:  David's Answer:  Your recourse is to take the case to trial - of course only after advice from a good criminal defense lawyer. If you beat the case, it's possible you may be able to sue for malicious prosecution. Bear in mind you must generally file a notice of claim within 90 days of the date of the incident & the claim itself within 1 year & 90 days. Schedule a consult with a Westchester civil rights lawyer for a full assessment.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

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