Asked in Personal Injury for Florida

Q: Prosecutor dropped a case. For calling victim on wrong number they did have the right number

He dropped the case based on a phone number that someone in the office copied down wrong from there file

He called it and left a message. It wasn’t my number they have the right number he said I didn’t call back so it was dropped. I got punched in the face twice by my daughters ex boyfriend and received 8 staples in the back of my head and a scar on my face from a busted lip

He admitted to hitting me to the police at the scene. He did call my dad who was also assaulted and my dad said he didn’t want to pursue any charges he dropped it. He said becouse I never returned his call that my dad said he didn’t want to pursue and he felt he couldn’t win

It was moving along just fine and was about to go to trial and the prosecutor dropped it letting this guy get away with punching me for no reason he killed my daughters cat beating it with a broomstick, I asked him what he did to her cat he punched me twice in the face can I report the prosecutor

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Sorry to hear about your ordeal. Your question is, "Can I report the prosecutor?" Of course, to the prosecutor's supervisor or to the State Attorney him/herself (the head of the State Attorney's Office). However, if the charges have officially been dismissed, your complaint won't cause the charges to be re-filed because once a person is cleared of criminal charges, the State cannot charge him for the same crime(s) due to the Double Jeopardy Clause of the U.S. Constitution. If the State Attorney's Office believes the prosecutor "fell down on the job", they might discipline or fire him.

But what about suing the perpetrator for money damages? You can do that even where criminal charges are dropped. If you obtain a money judgment, you may or may not end up collecting on it, but it may be worth a shot. If it so happens that hiring an attorney to sue is not practical, you can represent yourself in small claims court, where you may seek up to $8,000.00 plus court costs.

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