Q: Was my due process violated by lack of charges in assault case?
I was assaulted by my sister's husband when I went to get the car from my brother's estate. Despite reporting the assault to multiple authorities, including the chief of police and the district attorney, no charges have been filed. The assistant county attorney decided not to file charges without speaking to all witnesses. As a victim, I feel that my right to due process might have been violated. Could this be considered a hate crime since it involved matters related to my brother's estate?
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A:
I understand your frustration with the lack of criminal charges after being assaulted. While this situation is deeply unfair, from a legal standpoint, due process rights primarily protect individuals accused of crimes, not victims seeking justice. Prosecutors have broad discretion in deciding whether to file charges, and unfortunately, there is no constitutional guarantee that requires them to pursue every case reported to them.
The decision by the assistant county attorney not to speak with all witnesses before declining to file charges might feel unjust, but it doesn't constitute a due process violation under current law. You might consider consulting with a victims' rights advocate who could help you explore other options, such as filing a civil lawsuit against your assailant or requesting a meeting with the district attorney to present additional evidence.
Regarding your question about this being a hate crime, that would require evidence showing the assault was motivated by bias against a protected characteristic (like race, religion, gender, etc.). A dispute over an estate, while serious, typically wouldn't qualify as a hate crime basis unless there were other motivating factors involved. You may want to document everything thoroughly and consider seeking a second opinion from a different legal professional who might see pathways forward that others have missed.
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