Prosecution question...

[Sunshine1]

At the end of September BM made a false report to the police about me (SM).  The police believed her and shortly after a warrant was issued for my arrest.  The complaint was regarding property and a HRO.

When trying to retrieve the property through the Sheriff's dept. the actual Sheriff who took the report questioned me on why he was now giving me the property he had just taken a report on a few days prior.  I told him that is was indeed my property and that the BM lied that is why the other Sheriff had to retrieve it.  He told me I could not come down there because of the report that he did and there was a warrant out for my arrest and according to the rules he would have had to arrest me.  He instructed me to stay home and he would clear it up in the morning.

So fast forward.  Got the property and the Sheriff then took MY report that the BM gave a false statement and he even reinterviewed her and he blantantly caught her lieing. The Sheriff told me that he caught her and that she definately made a false report and he followed it up with paperwork and proof that the property was mine to the prosecutors office.

I learned yesterday that the prosecutor DECLINED to press charges on her for making a false police report.  There is ultimately no hint of doubt that she did file a false claim and the Sheriff is completely in agreement.

The proscuter's assistant made the decision.

1.I was scheduled to be arrested...Can they really just decline a false report?  

2.Who's desk do I need to stand on or write to, to get them to follow the
law?

I have a theory on WHY they won't charge her but I will fill you in on that later.

Thanks Soc!

[socrateaser]

>1.I was scheduled to be arrested...Can they really just
>decline a false report?  

Yes, in most/all jurisdictions, the county prosecutor's office has discretion to nolle prosequi (not prosecute). In some jurisdictions, a private attorney can lawfully assume the public prosecutor's role and prosecute someone criminally on behalf of the state, but using private funds. Actually doing so would be highly unusual (unheard of), but legal. If you won, then the judge would sentence the defendant according to the criminal law.

>2.Who's desk do I need to stand on or write to, to get them to
>follow the law?

The state simply doesn't have the resources to prosecute this sort of crime. And, even if it did, remember the burden is beyond reasonable doubt, AND you must get a jury to convict. Well, now put yourself on a jury with at least four women and tell me that you're gonna get a unanimous verdict to convict a woman for telling the Sheriff that her ex is a controlling manipulative bastard?

I don't mean to be cynical, but I've not seen any truce in the war between the sexes in my lifetime -- have you?

This sort of case will not get a budding young prosecutor elected to state office any time soon, so it will almost always end up with a "no pros."

>I have a theory on WHY they won't charge her but I will fill
>you in on that later.

You don't need any theory other than the "facts" I just presented.