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?
A: This is a complicated procedure. You should file a motion with the judge that wrote the order to compel him to prosecute. Rodney Alberto, Esq. www.albertobrothers.com, 732-200-0779
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