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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1343
Experience:  Experienced Criminal Trial Attorney since 1998.
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Question is for Legal- Guru Defendant was was charged with

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Question is for Legal- Guru:
Defendant was was charged with two things, one charge is for a check that was written to her in the year 2002, and the other is for a charge regarding items that were left in a storage unit in 2006. The 2006 charge is frivilous, and it is clear that the DA filed this charge because they HAD to in order to get around the statue of limitations issue they had with the the 2002 issue.
So, now they have said it is an ongoing theft, which allows them to connect the charges and keep the 2002 issue alive.
But, in the deposition, the accuser states that he left the shared house on his own out of anger and that he never called or asked for his things in the storage unit...he goes on to say that he did not want the defendant to know where he lived, and that he never paid for the storage unit.
The DA investigation report shows that defenant did not move the items out of storage, her family did. What they don't know is that the things were moved to the garage to save on paying the storage fees.

It is clear from the accusers own statements that this is not theft...how could it be if he leaves and does not come back or ask for his things? Still , even after hearing this testimony, the DA will not drop the charge.
What can we do at this point to address this issue to get this charge dismissed? Isn't it obvious that this is a false charge? We would like for someone to look at it to so that it is not part of the trial (one less thing for the jury to look at)

I have a follow up question after this one...
Al
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 2 years ago.
That does seem pretty thin. If this is charged as a felony, then there was a grand jury indictment which is reviewable by the district court through a motion to quash the indictment or there will be a preliminary hearing where a judge will have to find that there is probable cause that a crime was committed and it was committed by the defendant.

If a judge do not kick the case prior to trial, then at the the close of the state's evidence the defendant can demurrer to the evidence. If the trial judge finds that the state has not established a prima facia case (lawyer-speak for evidence that supports each and every element of the crime charged sufficient for consideration by the jury), then he/she will grant the demurrer and dismiss the case. Otherwise, it will be up to the jury to decide.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1343
Experience: Experienced Criminal Trial Attorney since 1998.
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