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If have two criminal charges and one has fake evidence, can DA dismiss that one and go on w/the other? HOw to convince?

Nassau, NY |

If person was arrested for felanie and brought to other court as misdemeanor and is truly a false arrest, but complainant doesnt want to get a civil suit so is supplying more fake evidence, how can an atty get it dismissed in motions? what can he write or use to convince the DA or judge ? are motions meant to over ride the DA and ask the judge for judgemnet? Can judge view the ev idence to see if its truly false and not cost me trial fees? can atty use evdence in a meeting ith DA and is that normal procedure to establish his complainant is lying to keep out of a civil suit? Of does it need to got to trial . How mch lee way is given to DA to dismiss a case?

Attorney Answers 3

  1. I, and I am sure many other lawyers, have been faced with this dilemna many times. Truth is only what is believed by the trier of fact, either the judge or a jury at trial. However, there have been times when I was able to convince the DA that the complainant was lying without the need to go to trial. I have even gotten the complainant arrested for filing false charges. It takes work, time and luck. Hire an attorney who is willing to go the extra mile.

  2. First, this is a criminal matter and it does not work the way you think. If a person is arrested and accused of a crime then he should hire a criminal defense lawyer and fight the case. What you seem to think is that if some one just talks to the da it will be resolved . very unlikely use avvo to hire a good criminal lawyer in nassau county

    Call for a free consultation any time 718-263-6800. We are here to help

  3. This is not grounds for a dismissal. Your lawyer is suppossed to know how to represent you.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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