Criminal Law Questions? Ask a Criminal Lawyer.
Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.
District Attorneys have wide discretion in the cases they bring. Often, there is evidence supporting both sides and it is impossible to prove that a District Attorney "knew" that the 2005 charge was "bogus". If I were the defense attorney, I would move to dismiss the 2002 charge based on the flimsy nature of the 2005 offense. If the evidence is there that the defendant had nothing to do with it (as you state), the Judge should be able to see through the DA's tactic and may dismiss the case.
Unfortunately, you're not going to get anywhere by going against the District Attorney specifically in this instance. Their latitude is pretty wide.
If you have any follow up questions, I'll be happy to answer them.
Are you there?
Do you have any further questions?
If the defendant does get the 2005 charge dismissed at some point, does that automatically dismiss the 2002 charge due to the statue of limitations rule?
If the 2002 case is only alive because of the 2005 charge, yes, it would get rid of both.
I wish you the best of luck in 2011! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.
Ok, thanks. We have many more questions, but to be fair we will post them seperatley so you are properly credited. Thanks again
If you accept this question, I can answer follow up questions here.
The ohter question is regarding the fact that the criminal and civil cases were meditated together..the criminal memorandum states:" any violation of the civil case is a violation of probation". The civil case also refers to the criminal case.
The question is, given the cases dovetailed each other, and now the criminal case has been remanded back to the court for the guilty plea to be withdrawn, is there anything we can do about also having the civil case agreement thrown out and started over? Defendant wanted to go to trial on the civil case but did not have the money to do so, so she settled the civil case out of fear of the DA was demanding her to do so in order to plea. The reason for the concern is that if the civil case stands as is now- that is the money part of this case that is currently being made on payments- if they get the money no matter what on the civil case, that puts the defendant at an unfair position because the defendant no longer has the bargaining power to negotiate another plea if she wanted to explore that for some reason. They (the DA) wanted the money as their first priority...if this stands and they have the money agreement at the start, this would be grossly unfair to the defendant.
How do you unwind a civil restitiution agreement that is in effect if it was tied with a criminal case that has now been remanded back to district court to withdraw plea and start over?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).