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Can a case I'm fighting be dismissed . Reason being the initial investigating arresting officer has been fired

Kingsburg, CA |

I am fighting a check fraud case from 2011 . The investigating officer has since then been fired for misconduct and bad repts

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Attorney answers 6

Best Answer
Posted

Possibly, but it is very unlikely that it will be dismissed automatically. You will need to fight for it. Start with a Pitchess motion. The purpose of the motion is to obtain information. Then take that info and determine your next step. Lawyer up for best results.

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.

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

If it's common knowledge of the misconduct, I wonder how the DAs are going about Brady obligations in the wake of the recent DCA decision in Johnson.

Posted

Can it be? Yes. Will it be? That's impossible to say.

If the prosecution thinks they have enough credible evidence to go forward without the fired officer and/or having to rely on their report or investigation, they continue to prosecute.

Onlybyourbsttirney can assess the impact of this officer's issues on your case.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

Posted

It is quite possible that your case can be dismissed . It really depends on the evidence the DA has. Your attorney will know what to do.

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

Posted

You need an attorney to file a pitches motion. A pitches motion will force the police dept to turn over the information you need to discredit the officer's testimony. Contact an experienced attorney right away.

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

If it's common knowledge of the misconduct, I wonder how the DAs are going about Brady obligations in the wake of the recent DCA decision in Johnson.

Posted

As my colleagues have pointed out, you need to obtain the information about the officer. Officer employment records are not readily obtainable and require a Pitchess Motion to be filed with the court. An attorney may be essential in getting the information.

There are many questions before anyone can give you an educated guess, (and it will be a guess as the District Attorney is the one who will decide to dismiss or to continue with the prosecution). How do you know the officer has been fired for "misconduct," and what was that misconduct? What are "bad repts," (It may be better to communicate in full words, as sometimes these abbreviations are difficult to decode)?

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

If it's common knowledge of the misconduct, I wonder how the DAs are going about Brady obligations in the wake of the recent DCA decision in Johnson.

Asker

Posted

The former Sergeant(arresting officer) is known on the streets for harassing women. He wAs fired for making false police reports and for dating~living with a younger girl from the streets .im sitting in court as we speak trying to wing it with PUBLIC DEFENDER . I am on pre trial monitor release . They are dragging it out .

Jay Carl Stoegbauer

Jay Carl Stoegbauer

Posted

Mr. Dane asks a very good question, and it exemplifies the need to seek counsel. The Public Defender should be well versed in the law, the question will be how much time he/she has to devote to your specific case with their typically high caseloads. If possible retain a private attorney.

Asker

Posted

I definitely need to lawyer up any recommendations in the Fresno area

Posted

It is unlikely that the DA will dismiss the case outright unless there is tangible evidence that this officer was less than credible in your case. In any event, as the others have said, filing a Pitchess motion is the next indicated step. Your attorney should know how to do this. If you do not have a good attorney, get one.

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

If it's common knowledge of the misconduct, I wonder how the DAs are going about Brady obligations in the wake of the recent DCA decision in Johnson.

Mark A. Broughton

Mark A. Broughton

Posted

I don't think the DA's office here cares about Brady, not that that distinguishes this office from most offices in the state. Though we fight like heck during the discovery process, "Brady material" isn't usually discovered until habeas in most instances, barring the granting of a Pitchess motion in the trial court. Interestingly, I am litigating an almost identical issue as in Johnson, with a twist - both the accused and the alleged victim are now former police officers. The police department is fighting against the wishes of the DA and the officers themselves, asserting an "independent privilege" precluding disclosure. More to the point, it would be nice to know the name of the officer in this instance as I have not heard about this and am usually on top of these things here. I suspect the Supreme Court will weigh in on the 1st DCA ruling in Johnson, but would hope it plays a part in my current case.

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