A Conversation on Justice
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: “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.