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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33147
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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If the DA attempts to prosecute a case after obtaining evidence

Resolved Question:

If the DA attempts to prosecute a case after obtaining evidence that the complainant lied in their police report and the defendant is innocent of the charges, can this be considered a form of malicious prosecution.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 6 years ago.
Maybe. However, the DA is free to believe or disbelieve any evidence that they review. Many times complaining witnesses change their minds or decide they don't want to pursue it and the DA goes forward anyway. On the other hand, if there is no evidence other than the fabricated evidence then it would appear to be unethical.


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Customer: replied 6 years ago.
If there is no other evidence than the fabricated would this be considered a form of malicious prosecution?
Expert:  Dwayne B. replied 6 years ago.
Again, I can't be more specific other than to say it could be. If the DA has conflicting stories they can believe one over the other. However, if there is a reason the DA may be pursuing the case other than the evidence, for example a personal vendetta, then it makes it more likely it would be malicious prosecution. The question on whether it is or not is very fact intensive.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Dwayne B. and 3 other Criminal Law Specialists are ready to help you

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