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How can a prosecutor drop a case without ever talking to the victim of the crime? What recourse does the victim have when this happens? Is contacting the Tennessee Bar Association the next step?

Crime Victims Compensation  Tennessee Collierville    
Updated • 1 month 2 weeks ago

I am the victim of felony forgery. The criminal was arrested 8/31/2020. His lawyer is the substitute judge on the bench where the case was being heard. For 2+ years, he has gotten continuance after continuance. On 1/5/23 the charges were dropped and expunged from the criminal's record.  In 2020, I had called the office of the prosecutor and left a message stating I did not want the case pled down, I wanted him prosecuted to the fullest extent of the law. I received no phone call and nothing in the mail about this, it just went away without explanation.

A prosecutor can drop a case without ever talking to the victim of the crime if they determine there is insufficient evidence to pursue the case or if they believe it is not in the best interest of justice to continue with the case. However, this can be frustrating for victims who may feel like they have not been heard or that justice has not been served. If you are a victim in this situation, there are several things you can do.

  1. The first step would be to try and speak to the prosecutor handling the case to understand why they have made this decision. If this is not possible or if you are not satisfied with the explanation, you can contact the Victim/Witness Coordinator from the prosecutor's office to discuss your concerns and explore your options.
  2. Another option would be to contact a victims' rights organization for assistance and support. These organizations can provide guidance on how to navigate the criminal justice system and may be able to advocate on your behalf.

If you believe that the prosecutor has acted improperly or violated ethical standards, then contacting the Tennessee Bar Association may be a next step. The Bar Association can provide information on filing a complaint against the prosecutor and can investigate claims of misconduct.

Can a Prosecutor Drop a Case Without Talking to the Victim?

It is possible for a prosecutor to drop a case without ever speaking to the victim of the crime. This may occur if the prosecutor determines that there is insufficient evidence to pursue the case or if they believe it is not in the best interest of justice to continue with the case.

Recourse for Victims

A victim may feel frustrated or ignored if their case is dropped without their input. However, there are several steps that a victim can take:

  • Speak with the prosecutor handling the case: Understanding why the case was dropped may provide clarity and insight into the decision-making process.
  • Contact the Victim/Witness Coordinator: The prosecutor's office may have a designated coordinator who can offer support, guidance, and advocacy for victims.
  • Consult a victims' rights organization: These organizations can provide resources, assistance, and support to victims navigating the criminal justice system.
  • Contact the Tennessee Bar Association: If a victim believes that the prosecutor acted improperly or violated ethical standards, they may file a complaint with the Tennessee Bar Association.

It is important to note that prosecutors have broad discretion when it comes to charging and prosecuting crimes. As frustrating as it may be for a victim, a prosecutor is not obligated to pursue a case if they do not believe it can be proved beyond a reasonable doubt. However, victims can take steps to ensure that their voices are heard and that they receive the support they need.

 

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Sat, 04/15/2023 - 17:44 This page is dedicated to Crime Victims Compensation in Collierville

Crime Victims Compensation Collierville

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