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Zoomdisc52

informants admit entering locked room

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Missouri resident. Informants testify at deposition to disassembling door knob to gain entry into a blocked, locked room. The county prosecutor refused to file charges against them. Only I have charges filed on me due to the informants acts.

Is this legal for prosecutor not charge any of the witnesses entering that lockedroom? Please help me to understand !!!

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Guest FindLaw_Amir

I agree with the previous poster, prosecutors are given wide discretion when it comes to filing charges.

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Zoomdisc52 said...

Is this legal for prosecutor not charge any of the witnesses entering that lockedroom?

Yes. Prosecutors have absolute discretion to charge or not charge a person with an alleged crime.

Zoomdisc52 said...

Since the prosecutor has determined, filing charges is negotiable and has this option. What recourse, if any, do I have?

Consider the following hypothetical: Bobby the burglar has been casing a house in an affluent neighborhood for a few days. One night, he decides it is time to enter the premises and take what he can find. After entering, and in the course of looking around for goodies to take, Bobby goes down the stairs into the basement and discovers several dead bodies in various states of decomposition and dismemberment. Although Bobby is obviously a criminal, he's no killer, and his discovery freaks him out. He exits the premises as quickly as he can. After a couple sleepless nights, Bobby decides he has to tell the cops what he found. Acting on Bobby's tip, the cops obtain a warrant for the house and, as a result, arrest the owner, who is thereafter charged with murder. Although Bobby told the cop to whom he made his report how it was that he came to be in the house, and although the cops passed this information on to the prosecutor, the prosecutor decides not to charge Bobby with anything.

Do you really suppose that the serial killer who owns the house is going to avoid the multiple murder charges because the evidence was discovered by a burglar or because the prosecutor decided not to charge the burglar with any crime or that he/she has "recourse" against anyone as a result?

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