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The cop have no witness no hospital report no evidence just his word. What motions can I use in this situation.

Allentown, PA |

My charges are resisting arrest,aggravative assault,sample assault.

Attorney Answers 5

  1. The Officer's words alone can be enough if the judge or jury believes him. The government must prove it's case beyond a reasonable doubt. It would be helpful if you with the assist of an experienced criminal defense attorney can put forth evidence to refute what the officer is saying.

  2. I can't answer your question from the information provided. More importantly, I don't understand why you are asking about what motion you could use. I hope you are not representing yourself, that you have an attorney assisting you. If you do then one of the things he/she should be doing is determining what strategies may be available to advance your defense to the charges. From the combination of charges you've mentioned, my guess is that you were roughed-up by the police. You need a good criminal defense attorney.

  3. You need an experienced criminal defense attorney to represent you. A police officers word IS EVIDENCE that can and will be used against you. I'm guessing that you had words with a police officer that escalated into a physical alteration. If you have witnesses to the incident that are helpful to your case, they need to meet with your attorney ASAP. Your attorney will review the facts with you, the arrest slip/charging instrument, any evidence the government has and craft a defense.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  4. Unless Pennsylvania law is unusual in this respect, there is no motion to challenge the sufficiency of the State's evidence. The adequacy of the evidence to convict is tested by trial, not by motion. There may, or may not, be motions appropriate to other aspects of your case. You should have counsel representing you.

  5. As noted by my peers, a police officers word can be the only evidence against you AND, you can be convicted on that testimony alone. You need to get a good criminal defense attorney and prepare for trial.

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