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Question: I along with three other people were the victims of a crime that involved a shooting (aggravated assault), false imprisonment, theft, criminal trespass, and reckless conduct. The suspects were both charged with 8 felony accounts apiece as well as a few misdemeanors. But where this gets "fishy" is that the District Attorney in my county advised an investigator for the DA's office to bring an "Affidavit to decline Prosecution" to each one of us 11 days after the incident and before he or anyone in his office had read the police report. Please advise on any possible ethics violations. I do know the suspects attorney had previous contact with th District Attorney two days prior.

Answer: How do you know that no one in the DA's office had a chance to read teh police report, or more importantly speak to the officer's involved in the incident, rather than read their police reports? How do you know that? Even if that is true, the DA makes the final decision on what he intends to present to the grand jury. There are no ethical violations. If what you are insinuating is the prosecutor has been bribed by the defense attorney to make a case go away, let me help you: The DA does not need an affidavit signed by victims to dump a case, or not present a case to the grand jury. The luxury of going to college, law school and getting elected to be the DA is you have absolute control over making those decisions. Do you want that kind of power? Go to college, go to law school, then get elected to the office of District Attorney. 

Answered By Lawrence Lewis - Aggravated Assault Attorneys Lawrenceville


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Lawrence Lewis, P.C. is a criminal defense law firm focused on educating clients and their families on the criminal justice process, as well as working towards favorable resolution of criminal charges.


Criminal Defense Lawyer in Lawrenceville, GA

Lawrence Lewis P.C.
Phone: 678-407-9300
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