Legal Question in Criminal Law in Georgia

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.


Asked on 2/27/12, 6:22 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Nothing in your post is unusual whatsoever.

A defense lawyer would be committing malpractice if he did not confer with the DA as part of normal representation.

As for not prosecuting, a DA has discretion as to whether or not to present any case to the courts, and every day, for a variety of reasons DA's decline to prosecute.

No one here knows both sides of the facts to know if this is a strong or weak case (and you conveniently chose to not give those details, which probably could have told us the weaknesses in the case).

Obviously as a victim and witness you do not have to sign anything given to you by the DA, and you would want to consult your own lawyer as to such a document.

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Answered on 2/27/12, 7:07 pm
Lawrence Lewis Lawrence Lewis, P.C.

Question: 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. Good luck.

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Answered on 2/28/12, 9:32 am


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