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A Conversation on Justice

By on Sep 24, 2014 | 0 comments

I’m in court the other day with a case. It’s an extremely flimsy property crime allegation. In fact it’s so flimsy I believe no crime actually took place. To clarify this issue at the last hearing I filed a motion requesting the prosecution give me additional materials that supported their allegations. The prosecution did not respond to this motion. So at the next hearing I talked to the prosecutor and we had the following conversation.

 

Me: “You guys never responded to my last motion and this case is garbage.”
Prosecutor: “Hmmm, let me look at this again.”
::Reviews police reports and witness statements::
Prosecutor: “Yeah, wow, this case is garbage.”
Me: “I know! Let’s dump it today. I have this motion to dismiss ready to go.”
Prosecutor: “I may not have the authority to sign on to your motion to dismiss. But if you make a motion to dismiss to the judge, we will not oppose it.”
Me, laughing: “Sure.”

So later the case is called and we go up in front of the judge.

Me: “Your Honor, the prosecution never responded to my motion for more materials because I’m pretty sure they have nothing. On its face the facts do not support a criminal charge here. Therefore I’m making a motion to dismiss.”
Judge: “Prosecution? Any response?”
Prosecutor: “Nope.”
Prosecutor: “We will defer to the Court.”
Judge, after reading the materials for a bit: “Okie dokie. Motion granted. Case dismissed.”

 

Sometimes my job is a lot of fun. If you or someone you know is charged with a crime, even if it’s really, really flimsy, feel free to give me a call.

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The facts and circumstances of your case may differ from the matters in which results and testimonials have been provided. Every case is different, and each client’s case must be evaluated and handled on its own merits.