Can I sue the state for unfair treatment in a DV case?

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Can I sue the state for unfair treatment in a DV case?

I feel that I, as the victim, am stripped of the right to make a decision for myself, that I am treated as a person who is unable to make a thoughtful decision. I want to drop the charges that were filed in my name against my will by the state but I am stripped of the right to do so. I feel discriminated against as a victim, a female and a human being.

Asked on October 9, 2012 under Criminal Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the district attorney's office for each county has the right to file a criminal matter against a person and continue the proceedings regardless of whether or not the victim of the crime wishes to push the matter or not. The rationale is that the criminal lawsuit is brought in the name of the "people" of the particular state and there is a pubic policy interest to eliminate crime regardless of the victim's sentiment.

It is your right to file a lawsuit against your state for the perceived unfair treatment in the matter you have written about. However from what you have written, the chances of suceeding as to liability and damages seems very remote.


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