Beaufort, SC asked in Criminal Law and Domestic Violence for Georgia

Q: Can a victim sue the DA if they failed to indict a violent criminal within the 90 day period and they posted bail?

1 Lawyer Answer
Joshua Schiffer
Joshua Schiffer
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: Prosecutors have immunity for basically everything they do in most states, as long as it is somewhat associated with their job. It is a blank check, in my opinion, and I have as many folks asking how to FORCE the state to charge someone as I do folks wanting the State to Dismiss something.

Locally in Atlanta we have experienced an indefensible number of folks being held 90 days or even more, in violation of the law, due to the inability of our DA to handle the job requirements. I hope a mass action is being planned by a Public Interest Group. Its indefensible.

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