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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27749
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What do i do if a man in a bar hit me when my back was to

Customer Question

what do i do if a man in a bar hit me when my back was to him and broke my jaw. police were called the mans license plate number was givin to them. they pulled him over and let him go. Called an ambulance to take me to the hospital didnt take pictures. Talked to detective when he called gave him all information and liscence plate numer name of the guy. the D.A. threw it out and the man had prior charges for the same thing and theift and breaking and entering. what can i do?
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.

Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey_ JD replied 3 months ago.

I don't know why the state didn't prosecute. However, the DA has the complete discretion to decide for himself what cases to proceed with and what cases to reject. You were the complainant, so you can ask the detective and the DA what the problem was. But if they are not willing to go forward, there is no appeal procedure. Nobody can make a DA take on a case he does not wish to prosecute.

That does not mean you are denied justice. It only means you cannot get justice from the criminal justice system. You would have to hire a personal injury lawyer and go after your assailant in civil court. The good news about that is that the burden of proof in civil court is favorable to a plaintiff. You would only have to prove your case by a preponderance of the evidence. In criminal court, the burden of proof favors the defense. A prosecutor must be able to prove his or her case beyond a reasonable doubt.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.