Can I have a criminal attorney talk to the D.A. before arraignment to get a case dismissed based on evidence of innocence?

Asked 7 months ago - Los Angeles, CA

I have evidence made under oath, in court, by the alleged victim in a restraining order hearing where false and inconsistent statements were made. How much weight does this type of evidence carry in a criminal defense if I can show two different versions of the same event by the alleged victim being made under oath as well?

Attorney answers (7)

  1. David Mark Wallin

    Contributor Level 14

    7

    Lawyers agree

    Answered . As a Former Deputy District Attorney, I can tell you that I and some other attorneys have been able to speak to the IO's on a case and been able to give him/her information which convinces a DA not to file charges, in many cases. You should speak to a qualified attorney at once. I wish you well........David

  2. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    4

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    Best Answer
    chosen by asker

    Answered . Conflicting versions by themselves won't necessarily stop the prosecution from going forward, but in the context of the entire case, it may be enough to convince the DA the case is a dog and to get rid of it.

    Yes - your attorney should be apprised of this and use it to your advantage.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  3. Jon-Paul Valcarenghi

    Contributor Level 11

    5

    Lawyers agree

    Answered . An attorney can certainly speak to the DA prior to arraignment and the filing of a criminal complaint. I have seen it work. However, the window for such an opportunity may be very small. I recommend that you immediately contact an experienced attorney in your to begin representing you. Time is of the essence and an attorney will need time to conduct any initial investigation before the DA makes a filing decision. An attorney can also help you assess whether or not a DA is likely to drop a case based on the specific evidence that you have in your possession. You may have evidence of innocence but you will need an attorney to help you present it to the DA at the right time and in the best light possible.

  4. Darryl Elliot Young

    Contributor Level 12

    4

    Lawyers agree

    Answered . Yes, you can. An attorney can convince the DA to not file charges or to reduce they're filing which in turn can reduce bail. Your attorney can tell you the strength of the impeached testimony. If it's key important facts of a case, it can be highly persuasive. In the same token, if it's minor or an offshoot of the main charge, it can have little value. Get an attorney!

  5. Kelvin P. Green

    Contributor Level 18

    4

    Lawyers agree

    Answered . What you are talking about is the credibility of a witness. I seriously doubt the prosecution would drop a case before arraignment. They have enough to believe the crime was committed... You should get an attorney and discuss evidence.

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  6. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes, and it's typically more feasible than to retain an attorney for the entire case. The matter of retaining an attorney for pre-filing is a strategy my firm uses a great deal with the objective of having the matter rejected by the police or prosecutor before it's filed. If successful then there is no record of the case, unless an arrest was made. There is a difference between an arrest and being issued a citation. I wish you the best and hope that everything turns out your way.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  7. Michael David Kern

    Contributor Level 7

    3

    Lawyers agree

    Answered . The short answer may be yes. However, it will depend on the experience of the attorney that you hire. He or she has to have access to the DA that is in charge of issuing cases, and explain your position in a fashion that convinces or at least delays the filing of a complaint. Contact an experienced criminal defense attorney immediately.

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