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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111492
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Duff
, my daughter was assaulted by another kid at

Customer Question

Customer: ***** ***** duff
JA: Thanks. Can you give me any more details about your issue?
Customer: my daughter was assaulted by another kid at school and they have it on video of the other kids mother telling her when and what to do. you can see it in the video. the state charged the parent of the kid with first degree child endangerment class C felony. they state also has a writing confession of the parent stating yes she did do it. But now after about 2 months the prosecuting attorney ha sdroped the charges to a Endangering The Welfare Of A Child, 2nd Degree { Misdemeanor A RSMo: 568.050 } But i can not understand why they would do this.
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Submitted: 10 months ago.
Category: Criminal Law
Customer: replied 10 months ago.
The prosecution attorney that started the case cant work the case because family works in his office plus he is doing a custody case for the parent. I think they r pulling some stuff to make it easier on her and that is not right.
Customer: replied 10 months ago.
The prosecution attorney lowered the charges right before they appointed a special prosecutor.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the law, the prosecutor has the sole discretion of "who, what, when, where and how" to charge any defendant. So a prosecutor has a right to evaluate a case and make a decision on what they believe is the appropriate charge that they can obtain a conviction on based on the witnesses, evidence and situation and also what would be in the best interests of justice. Many times prosecutors reduce charges because it is easier for them to secure a conviction based on it being easier for them to prove all of the elements of the lesser offense. As a victim, you have a right to ask the prosecutor about the reason for their decision, but there is no legal means to force them to change that decision. If you are claiming a conflict of interest in the prosecution, then you can file a complaint about that conflict with the Attorney General's Office to ask for them to intervene and examine the case and you also need to speak to the special prosecutor (who I am assuming was appointed just because of the conflict of interest) because the special prosecutor can change the charges back to the more severe charge as well and that is within his discretion as being the new prosecutor on the case.
Also, what they charge the person with or what they convict them of does not impair your ability to file a civil suit against the parent for any physical or emotional harm suffered by your child. So, regardless of what the prosecutor changed the charges to, you can still sue the parent of the child in civil court.
Customer: replied 10 months ago.
I did talk to the special prosecutor a couple of weeks ago and he told me it would be changed back because it happened at school and it had to be. but when it didn't get changed i try to call him back and his office wouldn't answer me or call me back. So i tried his office again about 5 minutes after i called from my phone number with a different phone and they answered then. So i think they r pulling my chain. he tells me this time that the video will not play and that they had asked the criminal investigator for another copy and they have not complied. Well the one thing they don't know is i have been staying in contact with the investigator and i asked him if he had been asked for another copy of the video and he told me know he hadn't been but he would get into contact with them to get it taken care of. so that let me know right then that they have been lying to me. they go back to court on Tuesday and i have been told that the parent is going to plead guilt to the less charge before they have time to switch it back. what is there that i can do to stop this. plus how would i go about filling a civil court?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Legally, the ultimate decision is now in the hands of the special prosecutor. You cannot stop the person from pleading guilty to whatever charge the court will accept. You can appear in court and ask to make a victim statement to the court and then it is up to the court to decide to accept or reject the plea, but the charge is up to the prosecutor and he does not have to change it back. It is up to the prosecutor and court ultimately to accept or reject the plea. However as I said, you can still file a civil suit.
A civil suit is started by filing a complaint, which outlines the facts and causes of action with the clerk of court's office. You then have the parent served a copy of the suit with a summons to answer the suit. You would need to obtain an attorney locally to represent you in the civil suit.

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