I have been charged with 2 felonies , intimidation and filing a false police report against a police officer . I have been having trouble with this officer for a long time . In pretrial the judge read the police report and said he saw no evidence of the charges and ordered them to itemize the charges . Another pretrial was set and they never itemized the charges so the judge dismissed without prejudice . Immediately the prosecutor appealled . When I went to arraighnment they used the same exact police report word for word and all they did for itemization was write felony A with a date and felony B with a date .The police officer is gunning for me and and I am sure he is pushing the prosecutor . Is this itemization , I am sure what the judge wants to see is the actual wrongdoing the dates are plain to see in the police report . My lawyer set a date for a motion to dismiss the charges because the prosecutor did not do what the judge ordered them too.
2007-07-05 12:07:55 · 3 answers · asked by michael d 2 in Politics & Government ➔ Law & Ethics
This sounds like police misconduct. The prosecutor is just doing his job. They always stick up for cops no matter how wrong they are. File suit against the cop and the police department and that might get them off your *** and net you some money damages. If they think you won't fight they will mow you down.
2007-07-05 12:15:19 · answer #1 · answered by lcmcpa 7 · 2⤊ 1⤋
you're lucky you have an unbiased judge. Most judges I've had experience with always side with the cops. Actually it does sound like misconduct and the prosecutor should not be let off the hook because they are supposed to use reason. Malicious prosecution is a real complaint. You should contact the court of judicial conduct as soon as possible. I know in NY they have less then a year to bring a felony charge to trial (30 days if you are in jail) There are a few exception like escape from custody or your own requests for adjournments. If they violate your right to a speedy trial then you should request a immediate dismissal of all charges.
2007-07-05 19:31:40 · answer #2 · answered by wisemancumth 5 · 0⤊ 1⤋
Well it is and it isn't. Prosecutors often feel that they should back up the police. Especially if they are elected prosecutors.
Of course the police officer is gunning for you. You're a threat to his career. To his way of supporting his family.
It sounds like you got yourself a good lawyer. Follow the advice and hope that you get the same judge at the next court date.
The problem is that the judge is on your side. He thwarted the prosecution before it got to trial. But from the sounds of it they can push this on into a trial.
The normal reaction is to get a jury trial. But it is your right to have a judicial hearing instead of a jury trial. Its not like the movies. I think you like your lawyer will recommend is for a judge only trial. I think you will win.
2007-07-05 19:20:44 · answer #3 · answered by gordc238 3 · 0⤊ 0⤋