If I file simple assault charges against someone and the case was dismissed can I appeal it
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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 7 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.
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