If I filed charges on someone and they made a plea bargain with the state and was granted a nollo posse... is there anyway I can appeal that decision..

You don't file charges... you file a complaint and the DA files charges... thus you can't appeal.

In some states like GA if the DA does not file charges you can actually precent evidence and ask for a hearing, it is rare they accept them, but is legally possible.

In either case, most likely you filed a complaint and they filed charges.

No you can not appeal, the DA has full right and authority to agree to a plea bargain, and the judge then approves it. The majority of all cases are settled in plea agreements, few ever go to trial.

You may be able to file a civil suit for damages if you are unhappy with the punishment the person received.

No. I filed for the arrest warrant and received it... and it was for a misdeameanor and the da does nt handle those and I hv ample evidence the person committed the crime... so the case should not have been dismissed.

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Originally Posted by Leslie Martin

No. I filed for the arrest warrant and received it........and it was for a misdeameanor and the da does nt handle those and I hv ample evidence the person commited the crime........so the case should not have been dismissed.

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Where are you located? I have never heard of a citizen filing for an arrest warrant and getting a copy.

And the process, at least everywhere in the US I know of, is for a DA, Prosecutor or maybe a magistrate, to prosecute the crime and for the police to serve an arrest warrant.

And did you mean Nolle prosequi? If the person was offerred Nolle prosequi then they weren't given a plea bargain. It means the prosecutor decided not to pursue prosecution. You may have felt there was ample evidence, but the prosecution probably didn't.

I live in ga... and if having phone records where someone called you over thirty times in a twenty four hour period is not enough evidence to prove harassing phone calls... I don't know what is... yes... they know she would go to jail cause it was her third time charged with harassing phone calls... so she pleaded guilty to the other charge and dismissed the one that wld get her jail time.

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Originally Posted by Leslie Martin

I live in ga.........and if having phone records where someone called you over thirty times in a twenty four hour period is not enough evidence to prove harrassing phone calls.........I dnt knw wht is.........yes....they knw she would go to jail cause it was her third time charged with harrassing phone calls....so she pleaded guilty to the other charge and dismissed the one tht wld get her jail time.

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Actually, no that's not enough evidence. Did you actually answer the phone?

And the decision to accept the plea was up to the prosecutor.

So your only option (besides not voting for them when they come up for re-election) is to file a civil suit.

The DA is over misdemeanors and felonies. The only time a person can actually go and file for their own warrant is when the DA does not believe there is enough evidence, first you would filed a police report and tried to work with the DA.

Then you apply for a hearing with the Magistrate Court in GA. If they feel there is enough evidence the judge will order a hearing to have evidence presented.

Since most people don't understand rules of evidence, almost never to these filings result in a warrant being issued About the only time I have seen them work is in domestic cases

I am glad you are sure they would go to jail, I am sure at least in Fulton County GA ( Atlanta) they would not, there is no room in the jails, seldom is non violent criminals getting time, and certainly not on harassment.

Your evidence, did you have a official printout from the phone company, not something you printed from your computer?

Your evidence did you have copies of their phone records showing the number that called you belonged to them.

And just calling? Sorry never make jail in any court I have worked. Sorry .

Why do you not just change your phone number

They got her phone records also... and proved it was her.

I am not trying to argue and perhaps your county in a small town somewhere in GA is dfferent, I spent many years working with the Magistrate Court here in Fulton County. I sat though 100's of these type of hearings ( they do their first thing in the mornings , or at least did)

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Originally Posted by Leslie Martin

They got her phone records also........and proved it was her.

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Good, how did you get their records, how you got them can make a difference if they can be submitted as evidence

A detective for gwinnett county got them...

Sounds like enough for a case, still don't think they would get jail time, but dare maybe a couple weeks if they male, if they are female, still don't think they would get anytime.

But guessing what a judge would do is like guessing the lottery number, no one knows

You never answered my question... Did you answer those calls?

But the bottom line here is the prosecutor declined to prosecute. There is nothing more you can do but file a civil suit.

How do I go about filing a civil suit...

Hire a Lawyer... you will need one. And it won't be cheap.

You can try going the Small Claims route but I don't see real monetary damages so that may not work. So, yes, hire a lawyer.