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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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If the DA refuses to press charges even when presented with

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If the DA refuses to press charges even when presented with overwhelming evidence that a crime has been committed, seeking to put pressure on them to prosecute via the press has been a common suggestion. How specifically would a victim of a crime report what has happened - to what press platform - how - how is this best presented in a manner which is legal (I know as long as they tell the truth defamation is not a risk although getting sued is always a possibility in this country). What specific steps would you advice on putting pressure on the Manhattan District Attorney to prosecute a sex crime - unfortunately we still in a day and age in which so many of these are ignored and the DA has very large leeway - if not final say - as to what gets attention and what doesn't. But what options are there for victims who believe a law should stand and when it doesn't, how to give the crime that has been committed the attention it needs so that the abuser can be brought to justice - or at very least charged and made to account for criminal evidence?
DearCustomer- This is a common problem when a DA refuses to prosecute since it is within their prerogative as to which cases they will accept. The most common reason is the proof involved and the evidence that is presented. Criminal prosecutions require proof beyond a reasonable doubt unlike a civil case which requires proof with a preponderance of the evidence. Think of it as having 99% proof versus 51% proof and you can see the problem faced by the DA. Talking to the press my be an option but, once again, you can't control what the press will print and if the press doesn't like your story they won't print it regardless of the truth. So my suggestion, if you want to obtain justice, is to file a civil suit against the alleged perpetrator for monetary damages. All civil suits are a matter of public record so it will get published and the defendant can be forced to testify in civil court unlike criminal court. Whether you can actually collect any money depends on the financial status of the defendant but the defendant can be forced into court and forced to take the stand and you may be able to get at least some measure of justice. It may also cause the DA to reconsider the criminal case.
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