My husband and I have a criminal case against us that is built on fabricated evidense. The pictures the police took, which I received copies of today, prove it. They must not have expected us to ask for them? Who do we need to contact about this? The FBI? Also, who has the power to call up an audio recording of my husband's interrogation to further prove the officer was lying even at the police station? What can be done about bad cops and what can I do fast to avoid my family being further raked through the system?
2007-01-09 08:41:03 · 13 answers · asked by Erin 1 in Politics & Government ➔ Law Enforcement & Police
The case itself may not be tossed out but all evidence that he fabricated will be.
2007-01-09 08:49:00 · answer #1 · answered by cheri b 5 · 1⤊ 0⤋
In the Criminal Judicial Process you have a right to Due Process,
this also includes " Discovery Process " , In the Georgetown Law
Journal (2005 edition) on page 316; cited as follows;
34 Geo. L.J. Ann. Rev. Crim. Proc. 316,(2005); Discovery:
Governments Constitutional Disclosure Duties,,; " Defendants have no general constitutional right to discovery in criminal proce-
-dings. Nevertheless, Courts have fashioned rules providing for the disclosure of certain types of evidence when necessary to safeguard a Defendants " Due Process Rights " . In Brady v.
Maryland the Supreme Court held that due process requires the prosecution to disclose evidence favorable to the accused upon request when such evidence is material to guilt or punishment. In
United States v. Bagley, the Court held that evidence is material if there is a reasonable probablility that disclosure of the evidence
would have changed the outcome of the proceeding. A " reason-
able probablility " is defined as a probablility sufficient to undermine confidence in the outcome".If the prosecution knows about this and proceeds anyway, YOU, can file a Motion Dismiss For Prosecutorial Misconduct. You can also file a " Motion to Suppress Evidence " if you can prove the evidence is fabricated. If you haven't been Indicted on criminal charges yet You can also file a Motion for Examining Trail (Evidentiary Hearing) also If your in texas,they have a Law that states You are not entitled to Hybrid representation,you cant be your own lawyer and have one too. GOD BLESS/GOOD LUCK!!
2007-01-09 09:52:56 · answer #2 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
First off get a lawyer, however be sure that you have good proof and not just hopes of getting a case thrown out. There are many step in law enforcement in place to make sure evidence is collected and processed properly. the main ones being agency chain of command, almost all law enforcement agencies have a chain of command and a supervisor ALWAYS reviews cases. Also your local prosecutor (District Attorney) reviews every case that is submitted to their office and odds are if there was even the smallest belief that something maybe incorrect most DA's would not even file the case. So in conclusion if they have filed a case against you or your husband they already have determined its a pretty good case.
2007-01-09 10:54:48 · answer #3 · answered by chalupas_and_beer 2 · 0⤊ 0⤋
for sure i do no longer understand what you propose by potential of "fabricates" and that i do no longer understand if the information is important in any way, however the objective of the trial is to hit upon the fact. The jury could desire to kind interior the path of the information and be certain what's real and what isn't. If the jury unearths that a number of the information is fake, then the jury evaluates the rest to be certain what's real. If what maintains to be nonetheless persuades the jury, then the jury will discover guilt. If no longer, then the jury will acquit. The mere certainty that something is untrue does no longer immediately effect in an acquittal.
2016-12-16 05:34:09 · answer #4 · answered by nave 3 · 0⤊ 0⤋
Contact a lawyer first and foremost. This is, obviously, what they do.
Fabricated evidence or even wrongly acquired evidence is not able to be used in court. If you can prove an officer is tampering or fabricating evidence they can get in trouble. But most likely a lawyer will just be able to get the charges dropped.
2007-01-09 08:51:14 · answer #5 · answered by Take it from Toby 7 · 0⤊ 0⤋
Find yourself a lawyer, get hold of the police and try to plead
this out, they do not arrest you on fabricated evidence, and
if they have the only way to prove this is to have a lawyer
look into this thoroughly, what are you going to do if there are
charges against you and your family........................................
Try to plead this case out, you cannot get off on this I am
innocent plea, unless you can get a lawyer to prove this
case..
2007-01-09 22:27:14 · answer #6 · answered by gorglin 5 · 0⤊ 0⤋
Often times if a cop fabricates evidence he can be held culpable and many judges will then toss the case - but, there is no guarantee. Is there other evidence that is not fabricated?
2007-01-09 08:50:53 · answer #7 · answered by walkinandrockin 3 · 0⤊ 0⤋
When you find out more information about this let me know in Detroit Michigan I have this cop that Has harassed me sexual for years now and he came to my house on a house call one day and took me to jail for no real reason my life has been hell since I have all locked myself inside the house because this please let me know.
2007-01-09 09:39:43 · answer #8 · answered by Spacious 3 · 0⤊ 0⤋
If you think that your civil rights have been violated, the FBI are the people to contact.The answer is yes to both your questions.
2007-01-09 11:17:57 · answer #9 · answered by WC 7 · 0⤊ 0⤋
They have to give up all evidence against you Get a lawyer, not a public pretender.
2007-01-09 08:54:22 · answer #10 · answered by Anonymous · 0⤊ 1⤋