Fresno, CA asked in Civil Rights and Constitutional Law for California

Q: What do I do? I have police lying on reports, the district attorney lying in court. And much more. I have proof of it.

I had a officer refuse to file charges against a person that pressed a gun against my face and he also told me it was legal because I did not show fear. The police will not arrest him even though on the statement he gave to police he stated that he pulled a gun on me and punched my friend in the face. I have court transcripts and other information that proves the district attorney lied in court. I cannot obtain my discovery. I have written the courts, I asked the attorney that misrepresented me and I have asked the attorney assigned to my appeal but no one will produce the documents I ask for. Then I receive a letter from the appellate attorney that tells me his hands are tied. The detective lied on his statement of when I was detained for questioning. And that is a small part of it. If I was not living this I would not believe it. I do not know what to do. I have written so many letters to the chief of police, the police department, DOJ, Department of Police Accountability but nothing

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You need the advice of a good civil rights lawyer. One option you may have is to file suit against the perpetrator for assault and battery. There are some good civil rights lawyers in Fresno. Most good lawyers who handle these kinds of cases give free consultations. If the local DA's office will not prosecute the perpetrator, you need a good lawyer who represents plaintiffs in assault and battery cases such as you described.

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: You were assaulted and battered by an aggressive attacker who used a deadly weapon. Now you are focusing on what the police are doing or not doing. Whatever they do/or don't - doesn't help you recover from the situation. If you are still being hassled by this attacker, you need to file for a Civil Restraining Order, and to ask the DA to file for a criminal restraining order. You need to carefully consider if you want to sue this attacker for damages, because they have already shoved a gun in your face, what is to stop them from doing it again? Maybe the best thing is to stay as far away from them as possible?? For your personal safety? I understand your frustration with the system but the criminal justice system is based on discretionary prosecution, and sometimes it falters.

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