Motion to Compel DA to act

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mountainwarrior

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My daughter was killed by a motorist. The DA refused to file charges claiming there wasn't enough evidence to warrant.

I wish to petition the District Court to compel the DA to act.

Do I need to file a full blown civil suit OR can I file a simple Motion to Compel with the supportive documentation/pleadings?
 
The decision to prosecute is made solely by the prosecutor.

No one can make the prosecutor file a case.
 
Thanks for the reply but I know an action can be taken in District Court to Compel the DA to prosecute. The format and exact proceedure I'm not sure of, hence the question
 
There is no such law in Colorado.
 
I refer you to the May 21, 2008 issue of the Boulder Daily Camera, Atty. Baine Kerr of Boulder files a Motion to Compel the DA to prosecute. Then Dec. 17, 2008 An Arapahoe County District Court Judge grants the motion and orders the prosuction to proceed. I don't have access to the case cites but there it is. I was told by a Grand Junction, CO attorney that he filed a similar action there.
 
seniorjudge initially replied there was no such law. Please comment on C.R.S. 16-5-209, you appear very knoweledgable, am I reading the referenced statute wrong?
 
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