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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9170
Experience:  Since 1983
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Can I file a writ of mandamus if the Police ignores the

Customer Question

Can I file a writ of mandamus if the Police ignores the evidence and refuses to arrest a perpetrator who has burglarized my home?
Submitted: 5 months ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 5 months ago.

Thank you for your question.

Have you contacted the local prosecutor?

Customer: replied 5 months ago.
What are the procedures.
Expert:  N Cal Attorney replied 5 months ago.

Where did this happen?

Expert:  N Cal Attorney replied 5 months ago.

In which County?

Customer: replied 5 months ago.
City of Cape Coral, Lee County, Florida. Yes I spoke with the local prosecutor who advised that I should write to the Cape Coral P.D. expressing my desire to press charges.
Customer: replied 5 months ago.
Are you still there? I responded to your follow uo question a while ago.
Expert:  N Cal Attorney replied 5 months ago.

I am sorry for the delay but I cannot be here 24/7.

I would go back to the DA and ask for a DA investigator to review the evidence. The Court will not order the police to arrest someone unless an arrest warrant has been issued, so you will not get a judge to sign a writ of mandamus ordering an arrest.

I am sorry this is probably not the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to provide accurate information.

I hope this information is helpful.