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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In a case of aggravated stalking complaint filed how much work

Customer Question

In a case of aggravated stalking complaint filed how much work would the public defense counsel have to do to prove that the plaintiff had himself used the police to aggravatedly stalk the defendant using a tracer device put in the defendant's car and hence the defendant is not guilty by reason of insanity? Would the public defense counsel have done the background work or what does it involve to prove the defendant's innocence?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

What state is this in, please?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

It happened a while back in Michigan but as you know justice gives sleepless nights until the questions are answered

Expert:  Ely replied 1 year ago.
Thank you.

In a case of aggravated stalking complaint filed how much work would the public defense counsel have to do to prove that the plaintiff had himself used the police to aggravatedly stalk the defendant using a tracer device put in the defendant's car and hence the defendant is not guilty by reason of insanity?

Actually, the Defense does not have to "prove" anything. In a criminal trial, the Defendant is assumed innocent until proven guilty: "A fundamental pillar of our legal system is that a person is presumed innocent until proven guilty." People v. Rosales, 408 NW 2d 140 - Mich: Court of Appeals 1987.

So the Defense does not have to prove anything - it is the Prosecution that has to prove guilt. And it has to prove guilt beyond a reasonable doubt: "Accordingly, the prosecution may never shift its burden to prove that defendant is guilty beyond a reasonable doubt and obligate the defendant to prove his innocence." Id citing People v Shannon, 88 Mich App 138, 143; 276 NW2d 546 (1979).

Would the public defense counsel have done the background work or what does it involve to prove the defendant's innocence?

The Defendant's attorney is supposed to zealously represent the client. In Michigan, it is a defense to criminal prosecution that the Defendant was legally insane when they committed the criminal acts.

So the onus is on the prosecutor to show that the Defendant not only did the alleged act, but also was sane when they did so. The job of the Defense is to question these allegations. Then it is up to the Jury, which may be very subjective.

Generally, if the Defense alleges that the Defendant was insane, they admit to the action, since it is impractical to claim that (1) he did not do it, but (2) if he did, he was insane.

So often, it would be one or the other that the Defense wants to show: (1) he did not do it, or (2) he did, but he was insane when he did.

I hope this clarifies.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Yes, I do remember these series of discussions we went through between court dates and we accepted that I did some actions (not aggravatedly stalk the plaintiff), but was insane when I did so. I do remember that during investigation it came to light that the plaintiff had used the police to stalk me using the tracer in my car through the police. My public defense counsel actually showed me rolls of paper evidence to prove this factual evidence. This happened as a result of the plaintiff doing the action of aggravated stalking being a bad guy and putting the blame on the defendant in the court by filing a complaint in the court being the powerful ceo.


1. How did the public defense counsel come to have the evidence in her hand? And even after the evidence in her hand why is the defendant not let go and has to go through the path of insanity to defend against those actions? When it was the plaintiff who has aggravatedly stalk the defendant for many number of years like 1996 to 2000 almost 5 years?


 


2. Now how to come out of this insanity which was used as a defense once upon a time to defend the defendant who was purely innocent?


3. When it comes to work, how do you think the public defense counsel and a hired criminal defense attorney work due to the money involved? As a defendant who was not allowed on the outside I was not given the opportunity to even talk using a lawyer due to the high bail and in my anger which even pours out today, I resented to talk about this ugly matter even when this case was going full swing as I was married at that time. Needless to say my marriage broke as a consequence of financial problems that arose due to this.


4. I have seen justice turn its wheel in time and it definitely turns in one's lifetime. Putting aside the surge of anger, what can be done to me to prove my sanity as every one inquires about my broken marriage and family and financial difficulties that I face due to this insanity defense that I took? How far has the justice department worked to turn its wheels to the poor people who are poor today because of the wrong judgement taken a while back? What does it take to reinvestigate in to the case and prove sane?


 

Expert:  Ely replied 1 year ago.
Thank you for your follow ups.

1. How did the public defense counsel come to have the evidence in her hand? And even after the evidence in her hand why is the defendant not let go and has to go through the path of insanity to defend against those actions? When it was the plaintiff who has aggravatedly stalk the defendant for many number of years like 1996 to 2000 almost 5 years?

Evidence in a trial may be collected several ways, including but not limited to:

-Defense's own investigation;
-subpoena of third parties and their evidence;
-discovery against the prosecutor; and/or
-use of medical experts on the stand (for the insanity defense)

Even if the Defendant has evidence that shows innocence, the Defendant's case is not automatically dismissed, but has to be acquitted in Court or dropped by the Prosecutor.

2. Now how to come out of this insanity which was used as a defense once upon a time to defend the defendant who was purely innocent?

The Defense can simply drop the insanity defense if they want to. Of course, this should be done before the jury (if there is a jury) is impaneled, so that the jury is not "poisoned" but an insanity defense which is later dropped. The Defense can also ask that the Prosecutor never mentioned the omitted insanity defense at trial, via a pre-trial Motion in Limine.

3. When it comes to work, how do you think the public defense counsel and a hired criminal defense attorney work due to the money involved? As a defendant who was not allowed on the outside I was not given the opportunity to even talk using a lawyer due to the high bail and in my anger which even pours out today, I resented to talk about this ugly matter even when this case was going full swing as I was married at that time. Needless to say my marriage broke as a consequence of financial problems that arose due to this.

"The defendant may, at his or her own expense, or if indigent, at the expense of the county, secure an independent psychiatric evaluation by a clinician of his or her choice on the issue of his or her insanity at the time the alleged offense was committed."

MCL 768.20a(3); MSA 28.1043(1)(3).

The defendant's counsel should have done this, arguably. The laws are similar for other experts that are proven necessary for defense but cannot be afforded.

If one was not able to effectively communicate with their attorney, this should have been brought up at trial. It is a too late now, I am afraid.

4. I have seen justice turn its wheel in time and it definitely turns in one's lifetime. Putting aside the surge of anger, what can be done to me to prove my sanity as every one inquires about my broken marriage and family and financial difficulties that I face due to this insanity defense that I took? How far has the justice department worked to turn its wheels to the poor people who are poor today because of the wrong judgement taken a while back? What does it take to reinvestigate in to the case and prove sane?

Someone in your situation may wish to file for a new trial, only if you feel that you have evidence that was recently discovered and if introduced at the original trial, would have turned the tide of the case.

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