Will a State Attorneys refuse to consider my Evidence and Prosecute because it looks Retaliatory? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Unlike the defense lawyer, State Attorney’s should not be “in it to win it”; rather they are sworn to serve as “ministers of justice” who’s duty it is to seek justice.

They may or may not agree with you, and the evidence may or may not agree with you, but, ideally, and regardless of motive, the State Attorney should file charges where a provable crime has been committed.

That said, in Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida’s State Constitution) and by statute (see: Chapter 960 Florida Statutes). Still, in Florida, the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim’s Right’s Advocate.

Again, no one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim’s rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim’s rights advocates.

I hope that I have been helpful in answering your question.