You should consult with a criminal defense lawyer in your area. Hopefully you are not representing yourself. If there is no plea bargain and no motions, then the case goes forward to trial.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Unfortunately--the DA may believe the victim which is the evidence they think they need to prove their charges.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
You ask about the existence of "substantial evidence." If there is testimony that a crime was committed, that is evidence sufficient to be presented to a jury. It may not be substantial and it may not be sufficient for proof beyond a reasonable doubt. But it is enough to procede to trial .
People get wrongfully convicted more often than you might think. You should know that from reading the true life horror stories of such wrongfully accused and convicted individuals.
You need a smart, aggressive, experienced criminal defense attorney pronto.
Law Office Of Michael Marley
Phone 917 853 4484
Not necessarily. They may be confident in their ability to prevail at trial or they feel it would be bad to let you off on a plea or if you maintain innocence and refuse any plea then they have no choice to take you to trial rather than look bad in the eyes of alleged victim and the public if they let you go. The da is an elected official so politics plays a part. You should hire a good defense lawyer to help find a good plea or if you don't want a plea then to do a good trial and put out your best evidence and arguments. The people have the burden of proving your guilt beyond a reasonable doubt and a good defense lawyer should be able to do his or her best to convince the Jury or judge that they have failed.
Jeffrey J. Estrella