Defendants often think that there is "evidence to prove they are innocent" and that may be true, but the prosecutor may not believe that witness or discount that evidence. Under the Brady Rule, they must turn over any evidence that is considered "exculpatory", but they sometimes ignore that rule if they feel no one will know they have such evidence. A prosecutor will make every effort to get a plea if they think the case is weak and they will lose a trial. They may even move to dismiss a case if they think the defendant cannot be proven guilty or is in fact innocent. You should retain a good criminal lawyer to investigate the facts, get witnesses or an alibi, find flaws in the prosecutor's case, and try to get the prosecutor to dismiss the case by offering affidavits and evidence attesting to your innocence. Please choose "best answer" if this was helpful. Good luck.
The DA will take the evidence for whatever she thinks it's worth. Although you consider the evidence conclusive, the DA may not.
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That question is very fact specific. There are times that a prosecutor will drop charges if they can be convinced that the defendant has not committed a crime.
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It is very common for defendants to think that evidence conclusively establishes absence of guilt when from the viewpoint of the law it does no such thing. The decision whether to pursue the case lies with the DA.
No. If the evidence I'd exculpatory the DA must give it to the defense. However, presumably the DA had some evidence of guilt so its a question for the jury.
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They can continue. It is their discretion to accept or reject evidence or call it an issue of fact a jury should decide.
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.
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Making the assumption, for the sake of discussion, that you had evidence that utterly proved your innocence, it's almost impossible to force a DA to drop an investigation, or even to drop a prosecution. These things are basically left up to the discretion and judgment - good or poor - of the DA. In other words, the DA can simply say "take it to the jury."
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