Q: A county prosecutor is refusing comply with court’s order to prosecute a defendant, how to compel him to do so?
Dear Mr. Alberto,
Thank you for your answer. I just wanted to add that the following facts: The order to prosecute the defendant was entered by the presiding judge of the criminal division in the superior court. The judge that entered that order has retired from the bench a year after. The defendant's lawyer moved to dismiss, and the municipal court's judge in that county dismissed the complaint. Should I move on a writ of mandamus before the assignment judge of the superior court where the order was entered, or go to the federal court for that purpose?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.