my son was charged with 2 counts of sodomy when we went to his pre trial the judge informed everyone that the officer the conducted the interveiw had passed away and the tape was now insubmitable as evidence we asked the the public defender to file a motion to dismiss and refused saying we will lose and the 2 felonies would stick and ruin my sons life
If you are not comfortable with the advice - I would suggest seeking another opinion - you may have to hire a public defender or at least pay for a detailed consultation but perhaps look at this as an investment in your sons future and tighten the belt elsewhere (if possible). You ought to seek out an understanding of why your current defender is recommending a different course of action - it could be other evidence and circumstances do not support a motion to dismiss. In summary - you are entitled to a detailed explanation from the defender and/or you are free to have another defense attorney review and advise you. It is doubtful anyone on this forum can answer your question as this would require reviewing all the evidence in the case in order to form a useful case strategy (in other words you need the "big picture" analyzed rather than a quick answer on an online forum - especially where the stakes are this high! Best of luck to you.
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The stakes are high enough that you may wish to pay for a consult with a different attorney, if for nothing less than to know, in detail, the legal landscape. A case of this severity merits it. You likely will not offend your current attorney by asking for a recommendation. That said, a police interview is an important piece of evidence, but only a small part of the state's case. Indeed, unless your son made incriminating statements, it may make little difference. For the peace of mind, go ahead and seek further advice.
It sounds like you should hire an attorney. They will be able to advise your son about possible options. It may be the same advice the public defender is giving- but at least you'll have a second opinion.
I would agree that if the PD is not willing to file a motion to dismiss, then you should consider hiring an attorney. That being said, the cost of running the motion will only add to the cost of a trial. If you have the resources, it's worth the added cost.
But if your resources are limited, I think you're better off simply going to trial and using your resources there. Good luck!
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