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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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I requested the District Attorney in Livingston County New

Resolved Question:

I requested the District Attorney in Livingston County New York Thomas Moran to investigate and prosecute 5 people that stole $ 45,400.00 of my property at the instruction of Attorneys and others before I file a lawsuit in court to collect the property stolen. I wrote the District Attorney and requested the Investigation and he refused stating " After careful review we will not begin an investigation" Is there a law that requires a District Attorney, State Police or Sheriff to investigate crimes in New York State. Attorney said if they took my case of $ 45,400.00 of property stolen that I would not have to pay a private Attorney because the DA works for free and that after criminal prosecution by the District Attorney a Judge would require the defendants to pay me for the property they stole as part of sentencing. Is this correct?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.

JB Umphrey :

Thank you for using JustAnswer!

It is true that the district attorney has 100% discretion in deciding what events will be investigated and when criminal prosecution will be pursued.

JB Umphrey :

There is not a law which COMPELS them to investigate. Instead, they have the discretion to (or not to).

JB Umphrey :

Is there anything else that I can assist with?

Customer:

A Judge told me that the State Police, Sheriff, and District Attorney do not have the option of picking and choosing what they want to do for the day. That's not how the system works. They must investigate every crime. Could you provide the law you refer to that they don't have to investigate a crime of stolen property? Discretion Law.

JB Umphrey :

There is no law which says that they have to investigate every crime. If there is such a law, have the judge you were speaking with show it to you.

Customer:

Could a judge require law enforcement to investigate this crime or not?

JB Umphrey :

No, not at all. It's a matter of separation of powers.

Customer:

Do you as an Attorney know why the District Attorney is refusing to investigate $ 45,400.00 of property that has been stolen of mine?

JB Umphrey :

It could be for a number of reasons.

JB Umphrey :

One is the burden of proof.

JB Umphrey :

To prove that a crime was committed, the district attorney will have to prove that the defendant's intended to steal.

JB Umphrey :

And the prosecutor will have to prove that a "crime" was committed beyond a reasonable doubt.

JB Umphrey :

That's a very high burden of proof -- far higher than what has to be shown to win in a civil case.

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