Legal Question in Criminal Law in Florida
motion to compel state attorney to prosecute pedofile
Is there any motion to file in Florida to compel state attorney to prosecute a pedophile that she does not want to prosecute because she feels that victim is not credible in her opinion? This pedophile just got released from prison because he says he was not competent to take the plea deal that he pled guilty to. The appeals court has overturned his conviction/plea offer. He molested my daughter for three years and the st attorney is going to let him get away with this crime. Please help?
Beverly Fox
1 Answer from Attorneys
Re: motion to compel state attorney to prosecute pedofile
The motion you want is called a writ of mandamus, which essentially asks the court to mandate that the State Attorney do his or her job. However, the appellate courts have essentially refused to allow such motions, saying that the decision to prosecute is always within the discretion of the prosecutor.
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