Prosecutor delayed the case

[meyera]

What is the name of your state? Georgia

Someone hit me with her car (and I was seriously injured) and the state filed a case against her on various grounds including serious injury by vehicle (felony), driving under the influence of alcohol (DUI), etc. This happened almost 5 years ago. After that, the state persecutor delayed the case without ever setting the case for hearing. Finally, after around 5 years, now it is set for hearing. Soon after that, the defense attorney filed a motion for violating the provision of conducting constitutional speedy trial rights referring to Labbee v. State, https://casetext.com/case/labbee-v-state-2 thereby asking to dismiss this case. Still, the state prosecutor is not doing anything (did not even file a response to that motion)



Now I learned from some people that the state prosecutor is a friend of defense attorney (and the defendant) (the defendant, who injured me with her car, is a very rich and influential person) therefore the state prosecutor is not taking any action on this so that the defense will win. To whom shall I complain against the state prosecutor? What is my best course of actions?



I do not want the defense escape scratch free and I want the justice to be served. Please advise me the best course of actions I can do.

 

[adjusterjack]

Please advise me the best course of actions I can do.

If this is in good-old-boy Podunk, GA, there likely isn't anything you can do.

very rich

Suggests that she had very good liability insurance. If you got paid for your injury, that might be all you get. There may be some consolation that she has paid a lot for insurance the last 5 years.

 

[quincy]

What is the name of your state? Georgia

Someone hit me with her car (and I was seriously injured) and the state filed a case against her on various grounds including serious injury by vehicle (felony), driving under the influence of alcohol (DUI), etc. This happened almost 5 years ago. After that, the state persecutor delayed the case without ever setting the case for hearing. Finally, after around 5 years, now it is set for hearing. Soon after that, the defense attorney filed a motion for violating the provision of conducting constitutional speedy trial rights referring to Labbee v. State, https://casetext.com/case/labbee-v-state-2 thereby asking to dismiss this case. Still, the state prosecutor is not doing anything (did not even file a response to that motion)



Now I learned from some people that the state prosecutor is a friend of defense attorney (and the defendant) (the defendant, who injured me with her car, is a very rich and influential person) therefore the state prosecutor is not taking any action on this so that the defense will win. To whom shall I complain against the state prosecutor? What is my best course of actions?



I do not want the defense escape scratch free and I want the justice to be served. Please advise me the best course of actions I can do.

Did you/do you have an attorney?

Did you file a civil action against the driver within two years after the accident?

Did you recover damages from the driver’s insurance for medical expenses and to cover any property damage?

Not every DUI will result in jail time. It is possible/probable that other actions were taken against the woman and her drivers license - and that, that is the most you can expect.

https://www.gahighwaysafety.org/impaired-driving-laws/

 

[cbg]

I learned from some people

And what people are these? How is it that these people are privy to the prosecutor's strategy?

 

[quincy]

Here is a link to the Georgia Rules of Professional Conduct:

https://www.gabar.org/barrules/georgia-rules-of-professional-conduct.cfm

As to the defense attorney being friends with the prosecutor, this is not unusual nor is friendship between opposing parties (necessarily) a conflict of interest. Especially in small towns, judges and attorneys will know each other, associate with each other, engage in social activities together. This does not mean they cannot do their jobs and serve the public and the parties they represent.

 

[zddoodah]

To whom shall I complain against the state prosecutor?

You can file a complaint with the State Bar of Georgia.

What is my best course of actions?

You're not going to like this, but this has nothing to do with you. A criminal case involves the state and the defendant. The alleged victim isn't a party and has no standing to do anything.

I do not want the defense escape scratch free and I want the justice to be served.

In furtherance of your goal not to let the defendant "escape scratch free," you filed a civil lawsuit against this "very rich" person for the injuries. Right? I sure hope so because, if not, it's too late now.

 

[quincy]

To underscore, the statute of limitations for filing a civil claim is two years from the date of the incident that resulted in injury or property damage.

 

[Litigator22]

What is the name of your state? Georgia

Someone hit me with her car (and I was seriously injured) and the state filed a case against her on various grounds including serious injury by vehicle (felony), driving under the influence of alcohol (DUI), etc. This happened almost 5 years ago. After that, the state persecutor delayed the case without ever setting the case for hearing. Finally, after around 5 years, now it is set for hearing. Soon after that, the defense attorney filed a motion for violating the provision of conducting constitutional speedy trial rights referring to Labbee v. State, https://casetext.com/case/labbee-v-state-2 thereby asking to dismiss this case. Still, the state prosecutor is not doing anything (did not even file a response to that motion)



Now I learned from some people that the state prosecutor is a friend of defense attorney (and the defendant) (the defendant, who injured me with her car, is a very rich and influential person) therefore the state prosecutor is not taking any action on this so that the defense will win. To whom shall I complain against the state prosecutor? What is my best course of actions?



I do not want the defense escape scratch free and I want the justice to be served. Please advise me the best course of actions I can do.

You must be new to the state of Georgia and not cognizant of the "good old boy" rule.

Besides aren't you calling the kettle black in grumbling about prosecutorial procrastination when you've taken an equally lengthy span to complain about it here?

Anyway, you need to be aware that other than as a potential witness you have no legal standing with respect to any criminal aspects resulting from the incident. If a crime were shown to have been committed it would be against the citizenry at large and not you personally.

Furthermore, contrary to your naive assertion the prosecutor has NOT violated the 6th Amendment or the Georgia Constitution (O. C. G. A. Se 17-7-70).

The provisos contained therein guaranteeing the accused a speedy trial are individual rights afforded the accused. They are optional with the accused and not framed as prosecutorial mandates.