How to get police charged w/ 'Accessory after the fact' as they prevented the arrest/prosecution of attempted murderer?

Question

B**** ran me over deliberately with her car while I was on a bicycle. 2 eyewitnesses, strangers to me, provided statements that confirmed it was intentional, this would always get a charge of attempted murder. Officers got statements which also included suspects name and street address, just a few blocks away, all of this is in the report, but unfortunately they still file it as a traffic collision and then don't hand it over to the DA's office or to anyone including me, the victim, until the day the statute expired 6 years later like its a coincidence. This is deliberate obstruction of justice, and they're guilty of being accessories after the fact as they prevented the arrest and prosecution of this attempted murderer. And to make it so much better for me they turn around and arrest me when I file a complaint about it, subject me to malicious prosecution for years all because this victim tried sticking up for himself.

Mario Tafur · Answer

To pursue charges against the officers for being accessories after the fact under California Penal Code Section 32, it must be demonstrated that they knowingly and intentionally aided, harbored, or concealed the suspect with the specific intent to prevent their arrest, trial, conviction, or punishment. As established in cases like People v. Partee (8 Cal. 5th 860), this requires evidence of affirmative acts to assist a known felon, coupled with intent to obstruct justice. The officers’ alleged actions—filing the incident as a traffic collision despite eyewitness statements supporting attempted murder and withholding the report until the six-year statute of limitations expired—could suggest an intent to hinder prosecution. However, proving this high threshold demands concrete evidence of their motives and actions, which would need thorough investigation. 
 
Your additional concern about being arrested and prosecuted after filing a complaint may point to malicious prosecution. Under California law, as clarified in Williams v. Hartford Insurance Company (147 Cal. App. 3d 893), malicious prosecution occurs when a prosecution is initiated with malice and without probable cause. If your arrest was retaliatory and lacked legitimate grounds, you may have a basis for a civil claim. However, California Government Code Section 945.3 prohibits filing a civil damages action against police officers while criminal charges against you remain pending. Once those charges are resolved, you could explore remedies, including potential federal claims under 42 U.S.C. Section 1983 for civil rights violations, if evidence supports such violations. 
 
Given the complexity of your situation, involving both criminal and civil rights issues, engaging skilled legal counsel is critical. An attorney can evaluate the police report, witness statements, and other evidence to assess the viability of pursuing complaints against the officers for obstruction or other misconduct. They can also guide you on addressing any ongoing prosecution and preparing for potential civil claims once permissible.

James L. Arrasmith · Answer

Your situation presents serious concerns about potential police misconduct that may have obstructed justice in your attempted murder case. Under California law, "accessory after the fact" charges (Penal Code § 32) against law enforcement officers face significant hurdles, primarily because officers maintain broad discretion in how they classify and investigate crimes.  
 
To pursue this matter, you might consider filing a formal complaint with the department's internal affairs division, contacting your local FBI office to report potential civil rights violations, or consulting with the California Attorney General's Office about police misconduct. Documentation will be crucial - gather the police report, medical records, witness statements, and any communications regarding your case that demonstrate the timeline of events and potential deliberate delay. 
 
You may also want to explore civil remedies through a Section 1983 federal civil rights lawsuit, which could address violations of your constitutional rights if you can demonstrate the officers knowingly prevented prosecution with improper motives. These cases are extremely challenging and typically require substantial evidence of intentional misconduct rather than mere negligence or poor judgment, so working with attorneys experienced in police misconduct litigation would significantly strengthen your position.

Q: How to get police charged w/ 'Accessory after the fact' as they prevented the arrest/prosecution of attempted murderer?