Q: How can i get heard and my side told accurately as its one sided and false? Da refers to pub def & vice versa
Case indicted by the grand jury, trial date for the 17th of April. Orig statement COMP by det. Due to hand injury later found false articles, DA refuses to take MY AFFIDAIT or give copy of statement det wrote on my behalf and informed me in order to hurry and get me outta there ( like i wanted from the start) just sign last page and he will make corrections i pointed out later. Its not what they are making it to be and they themselves and harassing comments and threats to me is what's traumatized me the most and prosecutors wrongful retaliation against me has cost me my job now home. I want justice from them and wonder if i can file a lawsuit
A:
They have sovereign immunity from liability for merely doing their job poorly. You have to show they were purposely bad to you in particular and you have to file within one year of the resolution of the case. It is only possible to win a civil suit for malicious prosecution if you win the criminal case. If you settle for a plea bargain, even for a lesser charge, you will have essentially conceded probable cause and justified the state's behavior by admitting you committed a crime.
How do you get heard? Sometimes your attorney can make that happen... sometimes the prosecutor is hellbent on moving forward and your only recourse is to take it to a jury trial. That is expensive and risky, but at least it is an option in this country... others in much of the world are stuck with trial by judge, the fairness of which obviously depends on the fairness of one person rather than a jury of 12 people who must be unanimous in their decision.
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