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socrateaser, Lawyer
Category: Criminal Law
Satisfied Customers: 34830
Experience:  Retired (mostly)
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If a victim gives a non-sworn statement in another state, California

Customer Question

If a victim gives a non-sworn statement in another state, California social worker, about an alleged offense committed in Nevada, and the victim is never spoken to nor interviewed in Nevada can Nevada detective lawfully only attach the non-sworn statement from California and have the person charged with no grand jury, or other information, including never talking with alleged defendant? I would think there is some burden requirement for a Nevada law enforcement officer or Nevada prosecutor to at least interview alleged victim?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  socrateaser replied 4 years ago.

Lack of probable cause for an arrest is not grounds to dismiss a case, where the prosecution discovers additional evidence with which to charge the defendant. Lack of probable cause may be grounds to suppress evidence seized in connection with the arrest, and any other evidence which is "fruit of the poisonous tree."


But, if the prosecution discovers evidence from independent sources sufficient to create probable cause, then the case can go forward, despite the defect in the original charge.


Hope this helps.


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Customer: replied 4 years ago.
I agree, but this is not a crime committed in the presence of the law enforcement officer, no victim is present, there is no complainant. I know at one point the state may become the complainant, but the person who telephonically called in from California had not spoken to the victim just statutorily called in a third party representation to open the file. Where in fact is a verifiable probable cause, or has a probable cause now become anyone who complains. The Nevada detective did have ample time to interview the victim who was a resident of Nevada and had just been visiting in California. I know this is more than I first wrote, but with a victim present, the alleged defendant present in Nevada and considering the potential sentencing are you saying there is no minimum burden upon the state even to verify the story first hand? How can a mandatory reporter call in a complaint, and there never is a Nevada Social Worker or sex crimes detective involvement, CPS, not even a medical exam to substantiate the physical allegations. Then in the preliminary hearing, only the victim testified which I understand is sufficient to bind this over. But I am considered about NO EFFORT being set forth by the state. There are four nearly duplicate cases with the same scenario, the alleged crimes in those cases were in Nevada, but the victims and alleged perpetrators resided in widely separate states, no interviews were ever conducted with any of the parties before the defendants were arrested and extradited. Maybe relief is a Federal issue, opinion? Again, I am focused on the illegality of credible belief an act was committed, and there not being even one signed complaint or original Nevada document in any of these cases. ( I love my expert BTW, just asking this one follow-up)
Expert:  socrateaser replied 4 years ago.

The issue is procedural, i.e., if there is no probable cause, then you move for a probable cause hearing and try to get the case dismissed by the court. And, if court dismisses and the prosecution really has nothing and never did, then you sue the police/sheriff/DA for a civil rights violation (42 U.S.C. Sec. 1983), malicious prosecution, false imprisonment and intentional infliction of emotional distress.

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