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Criminal case evidence Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by dmm60, Jul 22, 2008.

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  1. dmm60

    dmm60 Law Topic Starter New Member

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    I have been falsely accused of a crime that I did not commit, but the DA says that he has evidence that says otherwise. I know that the only evidence he can possibly have is just a statement from another individual, who has also been charged in this case. I know for a fact that what he has told them is not true and he was probably told that if he gave them the information that they wanted to hear, they would work out a deal with his sentencing.
    My question is this, what it comes down to is my word against his, there is no other evidence, because what he has told them never hapened, so what happens if/when it goes to court? don't they have to prove that what he has told them is true?
    What is wrong with our system, that an innocent person, has to go through all of this, spend everything I have worked for to defend myself, all because someone told the DA a lie?
    What about my rights?
     
  2. CdwJava

    CdwJava Moderator

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    The state has the burden to prove beyond a "reasonable doubt" that you committed the offense. The state can show this through physical evidence, testimony, documents, etc. - whatever they can get admitted that might tend to show your guilt. The defense will try and show that the witnesses are unreliable or not credible, and that the evidence presented is not as damning as the state contends.

    I doubt that the state is pursuing this solely on the statement of a co-defendant. His testimony - possibly in conjunction with additional testimony or evidence - must be sufficiently compelling for him to consider pursing a case with one man's word against another.

    Consult legal counsel. An attorney can evaluate the state's case and help determine if the DA is blowing smoke or has a case to prosecute.

    - Carl
     
  3. lwpat

    lwpat Moderator

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    The DA is required to disclose the evidence he intends to use against you in trial. Unfortunately a situation like this means you have to pay for an attorney to prove different.
     
  4. dmm60

    dmm60 Law Topic Starter New Member

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    When does the DA have to disclose the evidence he intends to use against me to my attorney? Do they have to disclose that information when/if they file criminal charges against me?
     
  5. CdwJava

    CdwJava Moderator

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    It is the common practice of most courts in my state to provide all reports and copies of lists of evidence to the defense at the time defense counsel is assigned. At the very least, the defense might have to make a discovery request sometime prior to trial.

    - Carl
     

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