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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30180
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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in atlantic city new jersey every business is required to have

Resolved Question:

in atlantic city new jersey every business is required to have a mercantile license.If a business is violating a criminal code pertaining to the regulations a business must follow in order to maintain a mercantile license and the department in charge of the mercantile licenses refuses to prosecute what can a private citizen do in order to force the mercantile division to prosecute. The violation unquestionably being of a criminal nature according to the code and the business unquestionably being guilty is assumed.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 7 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. Unfortunately, a private citizen has no standing to force the district attorney to prosecute any specific offense.

Prosecutorial discretion is the backbone of our criminal justice system. Prosecutors have almost complete discretion to decide who to prosecute, what charges to file, what deals to make, and whether to seek incarceration in federal or state prison. The main case on this issue is Inmates of Attica v. Rockefeller. In September 1971, there was an inmate uprising, and prisoners took over the Attica prison. Correctional officers retook the facility, killing a number of inmates in the process. Rockefeller was the governor of NY at the time. He ordered the police not to negotiate with the prisoners and to take the prison back at all costs. The inmates sued, seeking a special prosecutor to investigate and try the case. Basically, they wanted to force the US atty to bring charges against the people that were involved. The court held that the federal courts may not compel federal or state officials to prosecute an alleged violation of law. Prosecutors have the discretion to determine whether to go forward with a case. There is no right to know why a prosecutor chooses not to pursue a case. Therefore, there's no standard by which a court can review it. There are also separation of powers concerns - a prosecutor works for the executive branch, not the judicial branch. Therefore, a judge has no authority to tell a DA how to do its job.

You can file another complaint if it's an ongoing violation. But, if they choose not to prosecute, a private citizen has no ability to force the issue.

I understand that you may be disappointed by this Answer, as it is not entirely favorable to your situation. Had I been able to provide you with better news, it would have been my pleasure to do so. I work hard to ensure that I provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold that against me. It has been my pleasure to assist you, and it would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance.

Best of luck,

Lucy, Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
i would like to accept the answer however i would like to make the question more specific and get another answer that of course i would pay do i go about that
Expert:  Lucy, Esq. replied 7 years ago.
If you want to ask the more specific question of me, you can click "reply" and paste it here or you can open a new question with "for Lucy" in the subject. If you want another opinion, just go to the main page and start a new question with the details.