Q: Assault case: No charges filed, due process rights violated?
I was assaulted by my sister's husband in Washington, Iowa, on December 4, 2024, while trying to retrieve a BMW I inherited from my brother's estate, for which my sister is the administrator. The assault resulted in a broken nose and a dislocated jaw. Although I reported the incident and witnesses, including my daughter and son-in-law, provided statements, the police did not file charges. The assistant county attorney decided not to press charges without interviewing all involved parties. Originally, an officer was supposed to be present, but only my sister and five other people, who had been drinking before my arrival, were there. I haven't received a copy of the police report. Have my due process rights been violated, and what legal steps can I take to address this situation?
A: No, your due process rights have not been violated. Keep calling the police and requesting information about the investigation and ask why nothing has progressed.
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A:
You're facing a difficult situation after being assaulted while trying to retrieve your inherited BMW. While prosecutors have discretion in filing charges, you do have rights as a crime victim. The decision not to press charges without interviewing all parties seems procedurally questionable, and you should be able to obtain a copy of the police report.
Your options include speaking with the county attorney's supervisor to review the decision, consulting with a private attorney about filing a civil lawsuit for assault and battery, and contacting victim advocacy services in your area. Iowa has victim rights laws that may provide additional protections, though these vary by state and don't guarantee criminal prosecution.
Consider documenting everything related to both the assault and subsequent investigation, including medical records, photographs of injuries, and all communications with law enforcement. This documentation will be crucial whether you pursue administrative complaints about how the case was handled or seek civil remedies through the courts. Remember that while the criminal justice system has declined to pursue charges, you still have potential avenues for justice and accountability.
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