Legal Question in Criminal Law in California

Do i have a case?

I filed charges against a city employee for sexual assult which happened 7 years ago. due to lack of physical evidence, detectives said that convicted depended upon a confession. they would set up a pretexted recorded phone call. before that could happen, a employee in the police department tipped the suspect to the investigation and the charges. i asked for complete confidentiality when i filed the report so only select individuals had access to it. was there a crime comitted? do i have a case against the police department? if so how should i proceed.


Asked on 7/26/03, 3:18 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Do i have a case?

You have been badly victimized. The police dept. employee may have obstruted justice. But how to redress it is another matter. If the corruption is going this deep, you may have to consider forgetting about it. But I know that is hard. If you want ideas how to fight back, e-mail me at [email protected]. Otherwise, I would suggest considering just relocating to a different area and putting it all behind you.

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Answered on 7/26/03, 3:25 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Do i have a case?

Thank you for your posting.

As Mr. Wisong suggested, you may have a claim against the police department. The strength of your case, however, is going to depend upon you showing, through witnesses or documents, or other evidence, that indeed someone prevented you from obtaining evidence for a conviction.

You also may not have damages, since it's not clear what the court would award you even if you show that with that evidence, 12 jurors would have convicted this person (not as easy to do as it sounds).

I hope that this helps, but if you have any further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 7/28/03, 11:25 pm


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