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If a video and witness testify A killed B, but A was not caught by anybody at the action, then police arrested somebody looks A

West Covina, CA |

If a video and witness testify an A killed a B (A stabbed B many times until B fell with all blood in the video), eyewitness see the A approaching where B is with the stabber knife, saw B and A entered where video cam located, but didn't see what the video has recorded(stabbing, bleeding and fell) , but A was not caught by anybody at the action, then a day later police arrested somebody looks A and was supported by the video and eyewitness to be the A they saw. But now B cannot be found or be identified, nobody know who and where B was.
How can A defend himself for not being guilty? Will A possibly win not guilty?

Attorney Answers 8

Posted

Yes, A can defend themselves but A must approach this in fine detail. First A needs an alibi. Today alibi's are more plentiful because of the digital age. In addition, digital evidence is more believable by juries. BTW -- the fact pattern is very similar to an earlier burglary fact pattern in West Covina. I wish A the best.

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The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Posted

A needs to retain a very experienced and attentive criminal defense attorney immediately to evaluate all possible flaws of the criminal murder in the first case to fight the present charges competently. Why? Because it sure beats the alternative.
PS. Erase any public submissions that describe any alleged criminality as ANYTHING may be used against A or B in that criminal case.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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3 comments

Asker

Posted

can A ask the DA "do you have evidence to prove that A and B are not just making a horror video for youtube?" and use this as a reasonable doubt to win the case? Since B couldn't be found, DA will not be able to provide evidence.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Do not ask DA anything. Have a competent counsel to represent you. And thank you for marking the answer as helpful.

Asker

Posted

I mean in the court, does A have to ask questions to tear down the DA's evidence for non guilty sentence. What will happen in court? does A has opportunity to raise the doubt?

Posted

A would be wise in this situation to not defend himself. He should leave that to a professional. A should not speak to anyone about the charges, and if he is a victim of mistaken identity, or his whereabouts at that particular time with anyone except a criminal defense attorney. If A has not hired a good lawyer, he needs one ASAP. If he cannot afford an attorney, he should request to have one appointed to him. Again, it is extremely important that he say nothing to anyone, especially the police, about the charges or any potential alibi he may have.

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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4 comments

Asker

Posted

If A was not born in USA, can A ask the DA "do you have evidence to prove that A in the video or the witness eyes not my twin brother?" "Do you have convincing evidence to eliminate the possibility that the A in video or witness eyes is not me?"

Asker

Posted

then the DA cannot provide those evidence at that court and A wins.

James Donald Garrett

James Donald Garrett

Posted

If A asks the DA any questions, A is a fool because he doesn't have an attorney. The law is not a game and the DA is not an idiot. Trust me when I tell you that the DA will take these charges seriously. If you take them seriously, and you should, you will hire an attorney.

Asker

Posted

By "asks the DA" I mean in the court, does A have to ask questions to tear down the DA's evidence for non guilty sentence. What will happen in court? does A has opportunity to raise the doubt?

Posted

A needs a lawyer and should get one fast This sounds like a serious case which demands the attention of a very good attorney, not posting possibilities on a public forum.

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Posted

Sounds like someone is using this site for homework assistance.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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3 comments

Asker

Posted

What are all the details of a criminal trial hearing session?

Christine C McCall

Christine C McCall

Posted

More homework? Want someone here to attend class for you?

Asker

Posted

not homework, my bro is facing a criminal trial

Posted

You (or "A") need to hire a criminal attorney asap. The attorney will make all strategic decisions in consultation and with the assistance of the client. The client will decide what plea to enter, whether he will exercise his right to trial, and whether to take the stand at trial (all with advise and counsel from his attorney). The attorney will retain investigator(s) to locate and interview witnesses, retain expert(s) to provide jury with testimony about subject that is normally outside common knowledge of a jury. These are the roles and responsibilities of the relevant parties in A's case. There's no point in you speculating about trial strategy at this point. Help A hire a good attorney. Good luck

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Posted

Too many other factors to consider to answer this question. If this fact pattern describes a real situation, A needs big time help.

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Posted

A needs to hire an attorney ASAP. This is a serious case that can be charged as a 245 or a 664-187 amongst other charges. This is not the sort of case that A should be posting about on the internet. A or A's family should be doing everything they can to retain an attorney for A so that someone can start reviewing the evidence and preparing a defense for A.

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