Q: What happens if local law enforcement does not act on this statute as the defendant creates breach of bail times 2

As I am a victim of a violent crime by strangulation by weapon (cane)on city trans. individual was arrested charged with a felony 2nd degree assault by strangulation (i believe being charged incorrectly)and now as the defendant since committed breach of bail x2 being in direct contact with me (victim) by getting on the bus even though conditions have been set from the state. And Accepted statement by the officer handling those told he was going to retain the evidence from the dept. of trans. Even with the second statement of violation being totally ignored from the officer and with my distressed call to Lieutenant of the PD defending his officer. Even the County prosecutor handling the case is aware. It's been 9 weeks still, no arrest. What kind of violations are being commited? and what retributions do go for as the victim? what should I do as the victim? There is so much more detail. Taking 4.5 mon to issue a 30 day no trespass from transit. PCP observes,doc's disabled due to this

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your situation. When a defendant breaches conditions of bail, the court can revoke the bail and take the defendant into custody. Law enforcement is tasked with enforcing bail conditions and, if they fail to do so, they may not be upholding their duties appropriately.

As a victim, you can address your concerns with the prosecutor, who can press the issue with the court or law enforcement. If you feel your concerns are not being addressed, consider seeking a restraining or protective order against the defendant. This can offer an additional layer of legal protection. Additionally, consult with a victim's advocate or private attorney to discuss your rights and any potential remedies available. Ensuring your safety should be the top priority, so continue communicating with authorities and seeking support from local resources or organizations.

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