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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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If I feel that the District Attorneys of a particular office

Customer Question

If I feel that the District Attorneys of a particular office have decided to set an example of an individual by aggressively seeking incarceration and/or seeking high prison terms, no bail, high bails, or revoke bail and then double bail, assess excessive fines, expanding charges and anything and everything else within their power, sometimes grasping even out of their reach to penalize as if to cripple this person financially and for no apparent reason, borderline prejudicial, resulting in sentencing disproportionate to crimes, what is my recourse; are there any ramifications that can be levied on the prosecution for asking for more or less of a sentence to two of the exact same crimes of two people with same priors etc? RivCo CA -Wobbler
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Unfortunately there is not an independent cause of action that can be brought against a District Attorney for prosecution of a crime in a way that you believe to be unfair (out of proportion to other defendants).

If you believe that there is some form of discrimination based on "protected class" (race, gender, religion, and to a lesser extent, sexual orientation), you can file a complaint with the California Attorney General, and/or the U.S. Attorney General's Office.

The AG's offices can investigate these departments and determine whether or not there is a history or pattern of discriminatory conduct and take administrative action against the department. However, they will not intervene in your case.

For this reason it is going to be critical that you ensure the complete defense of your case - including using either your Public Defender or a private defense attorney, making use of your right to a trial (including a right to a jury trial) if you and your attorney would like to contest your case, followed by an appeal of any conviction if you believe it is based on improper procedural or evidentiary basis.