Legal Question in Criminal Law in New York

failure to prosecute a child molestation case

my neighbor's daughter (6 years old) was molested by her older half brother (12 years old). He does not live in the house. However in the presence of his father (also the daughter's father) at the police station he signed a confession. He has also confessed to such acts to his father and the girls mother. Also, there was physical evidence found at the hospital that he had indeed molested her. HOwever, the Orange county prosecutor said that unless the boy pleads guilty at the hearing he was going to throw the case out. HOw is this possible? Is there a way to force him to do so? Or perhaps a civil cause of action against the prosecutor?

thanks


Asked on 1/12/06, 10:41 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: failure to prosecute a child molestation case

The prosecutor has total discretion to either prosecute or not prosecute. He is saying he doesn't have enough evidence without a confession. A civil action is pointless.

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Answered on 1/17/06, 3:31 pm


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