It is not surprising that men more than women are being prosecuted more frequently and aggressively by your local district attorney. This is particular true for domestic violence, sexual assault, drug and DUI crimes.   If you are a black Man or other minority class Man, then chances are that the rate of discrimination and prosecutorial bias against you is even higher.

Men are disproportionately prosecuted over women for the same crime

If you suspect that you are being unfairly targeted due to your status as a Man or some other classification (doesn’t have to be race, gender or religion), you may able to bring a motion after your arraignment seeking to have the charges dismissed.

What is the legal basis for such a motion? 

In Murgia v. Municipal Court, 540 P. 2d 44 (Cal: Supreme Court 1975), the Court held that criminal defendants could bring a two part challenge against the prosecution for discriminatory prosecution.   If a defendant can make a prima facie showing that

  1. defendant is a member of a protected class (gender, race, religion, political affiliation, etc.)
  2. prosecution is selectively singling out members of that class for prosecution based on intentional and invidious discrimination 

If a defendant can make a convincing argument on these points, a court may: (1) force the prosecution to provide discovery from the DA’s office on these topics; and (2) allow the defendant to bring a another motion seeking to dismiss the charges altogether after defendant has an opportunity to review the discovery.

If you are a Man or another protected class and charged of a crime for which you suspect you are being singled out, you should consider a Murgia motion.  Worth a shot to try to get your charges dismissed before trial.


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