If I file simple assault charges against someone and the case was dismissed can I appeal it
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I file simple assault charges against someone and the case was dismissed can I appeal it
I’m pregnant and I was assaulted by a
dhs worker the prosecutor told me to
bring proof and witnesses but he didn’t
talk to my witness nor look at the
video he dismissed the case
Asked on September 26, 2016 under Criminal Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, you can't appeal it, because you are not a party to the case--you may have been the victim and a witness, but you were not the one bringing the case, the "state" (the government) was, and you were also not the defendant (the person being charged); however, only the prosecutor or the defendant (a party to the case) can appeal.
If the prosecutor voluntarily dismissed the case, it was dismissed "without prejudice"--that is, it can be re-filed. If the prosecutor who dismissed was an assistant prosecutor (not the top prosecutor in the office), speak to his boss and see if his boss will reinstate the case. If it was the top prosecutor, speak to his "boss"--i.e. contact town or city council (if a municipal prosecutor) or the mayor, or a county politiican if a county prosecutor, etc.--and see if a politician (who have at least influence over the prosecutor's office--can put pressure on him to re-file.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.