I have been accused of Malicious Mischeif by the local DA, this is the result of a car running into the front of my corvette in a parking lot and leaving the car pressed against my car. When I returned to my car and backed it away I went to the front of the car and noticed a small chip that was caused by the other car. I kicked the front bumper of the offending car and apparently cracked the license plat frame ( value abot 2.00) The district attorney has filed a motion with the court including , tampering with the car , removing items from the interior of the car, removing items from the exterior, unlawful malicious mischeif, damaging real and personal property, etc in two counts. Since I know that none of these things are true because they never happened. the entire incident took less than 15 seconds and never involved any contat by me with the other car other than kicking the license plate in a moment of frustration. The DA has filed this complaint swearing that he has reason in the form of evidence and statements to believe these crimes. I have aske the DA and the police department for copies of any evicence they have that would support these charges. They said that they could not give these things to me until the first court hearing. That occured several weeks ago and ended with the judge telling the DA to go to the complaintant and see if he would accept a replacement license plate holderin lieu of criminal prosecution. I still have not received any of the evidence that the DA claims to have. and will be in court for the second time monday. Can I request disclosure from the DAat that time and a continuance in order to have the evidence reviewed and receive legal advice on how to proceed. How can the DA submit accusations that they cannot possibly have evidence for and swear to the court that they have reason to believe them true.
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Criminal Trials, Hearings disclosure by prosecuter
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CdwJava
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What state are you in?
It may be that YOU are not eligible to receive them, but your attorney is. If you cannot afford an attorney, one may be appointed for you by the court.
As far as the evidence, they will have to provide the reports, statements, and nature of the evidence to your attorney as part of disclosure if the matter goes to trial. However, it sounds as if the judge is encouraging mediation and restitution, so it may never happen.
Note that statements ARE evidence, so if they have the observations of the officer(s) and statements from the victim, then that could be all the evidence necessary to prosecute.
- Carl
It may be that YOU are not eligible to receive them, but your attorney is. If you cannot afford an attorney, one may be appointed for you by the court.
As far as the evidence, they will have to provide the reports, statements, and nature of the evidence to your attorney as part of disclosure if the matter goes to trial. However, it sounds as if the judge is encouraging mediation and restitution, so it may never happen.
Note that statements ARE evidence, so if they have the observations of the officer(s) and statements from the victim, then that could be all the evidence necessary to prosecute.
- Carl
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