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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23545
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have an open case in the state of gerogia involving fraud

Customer Question

i have an open case in the state of gerogia involving fraud case and there was a person that committed this crime and gave a full confession to my lawyer and the d.a. but there stil trying to prosecute me I need some answers
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

My name is ***** ***** I am an experienced criminal lawyer.

What questions would you like to ask about your situation?

Customer: replied 1 year ago.
there is a person in my case that admitted to doing these charges he has gave a full confession but the district attorney refuses to drop the charges against me
Expert:  Zoey_ JD replied 1 year ago.

Thank you.

The District Attorney does not have to accept the testimony of the witness who confessed to this crime if he does not believe it. If he believes he still has probable cause to charge you and that he can prove his case against you beyond a reasonable doubt, he has it in his power to go forward with out that. For that matter, he can arrest the other person and charge both of you if that's what he feels happens.

You have a lawyer, and your option would be to fight the case if you didn't do it. The witness who talked to your lawyer may be willing to testify before the grand jury to try to prevent your indictment and/or to testify at trial on your behalf, assuming that he wishes to do that and the case ends up getting that far.

His confession is powerful evidence for the defense, but if the DA won't believe him, he has the right to go forward against you and try for the conviction and leave the question of your guilt or innocence up to a jury.

Customer: replied 1 year ago.
well no the person that did the crime told them he did it, and the witnesses that gave a statement the district attorney cant even get them to come to court
Expert:  Zoey_ JD replied 1 year ago.

Sorry for the delay. I took a break to eat my dinner.

Was the person who confessed to the crime interviewed personally by the DA, or did he only give a statement to the defendant's lawyer?

It's not surprising that the person does not want to come forward to come to court, which is likely a part of the reason that the DA doesn't believe the testimony.