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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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I was arrested on a false Charge of Rape. the charges were

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I was arrested on a false Charge of Rape. the charges were from Va. i was leaving Tnn. when they came to arrest me.       I was asked to waive extradation i said NO go get a Gov. warrant so they couldnt changes. They let there witness change her story twice. i was charged with 5 counts it sat in Trial for 8month before it was sent back to Mickey Mouse Court I would not plea so the lawyer wanted me to plea Under the Alfa doc. which means i admit NO GUILT to the charge the first 4 counts where Dismissed with Prejudice. under a Gov warrant the charges Cant b Changed because they are LOCKED If you Drop one you must Drop them all am i Rite
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
Hello Vernon and thanks for visiting us here at JustAnswer,

Just to be clear, as I understand it, you are now in court in Virginia, after having been extradited from Tennessee, and the issue is with respect to resolution of the pending charges in Virginia.

That being the case, once you were returned to Virginia, the prosecutor there had complete discretion to dismiss none, one or more, or all of the charges pending against you. There is no rule that he must drop all charges if he dismisses any of them.

You can enter an Alford plea if you do not want to admit guilt, but have to understand that it will be treated by the court the same as if you pled guilty and will be considered a conviction of felony rape. You will be sentenced by the court the same as if you had otherwise been convicted or pled guilty.

The fact that the complaining witness has changed her story twice is useable if you go to trial, but will make no difference if you enter an Alford plea, as the charge will be considered proved.

As for filing a complaint against the DA for subornation of perjury, you can do that, but your claim will carry little of no weight with the grand jury if you have been convicted (by Alford plea or otherwise). Furthermore, proving subornation of perjury requires proof that the DA intentionally caused the witness to commit perjury, a very difficult thing to do.

Thanks again for visiting JustAnswer. If you have any other questions, please let me know.
Customer: replied 8 years ago.
"For Run Tam 38" Hello Mr. Jim Reilly thk u for ur answer to my question on the false Rape charge. what i did not say was the Warrant was drawn up like this On or About September 1, October31 the witness said this happened.she did not remeber when it happened there was NO DNA NO Med REPORTS Nothing. When asked had she ever had sex before she said NO. well Mr. Reilly Her FATHER RAPED her and was Prosecuted out of the same office ? she also had another person Arrested an charged with the same Crime.......How is it Legal to draw a Warrant up like that and have your witness go before the Grand Jury and tell that LIE and then say a YEAR later it happened on her Birthday...that is Perjury an the DA Knew it.Under the Gov Warrant the RECORD will be set STRAIGHT and the charges and the testimony will LOCKED....
Customer: replied 8 years ago.
"For Run Tam 38" Hello Mr. Jim Reilly I just wanted u to know that im out of jail............. Im n New York
Expert:  Jim Reilly replied 8 years ago.
You're welcome, Vernon. In further response, the fact that there is no evidence to support this person's claim will make it more difficult to prove you guilty at trial, but again would make no difference if you enter an Alford plea. On the basis of what you have said, this sounds like a case which should be vigorously defended, rather than being pled out.

The issues with respect to the DA, the witness and the false testimony can also be used if you go to trial, at least for the purpose of impeaching the witness. Remedy for any wrongdoing by the DA is also available through a complaint to the state bar for unethical conduct.

I understand that you are in New York, but that the case is pending in Virginia, so any complaint you want to make about the DA would be made to the Virginia State Bar Association. Information about attorney misconduct and how to report it is available on their website at:
Customer: replied 8 years ago.
Thank you Mr. Reilly, for your last answer. the lawyer that represented me was not much of a lawyer.when he filed the Motion to Dismiss with prejudice the court wouldnt rule until the case was sent back to plea court. the DA file a Motion to NO Pros the case i did not want to walk out of the court like that. he amended the indictment to unlawful wounding which was not part of the charges. so yes i took the Alford plea.the judge the courts are all corrupt because they knew it was all a lie...children service did there invest an came back with charges UNFOUNDED... DO i have any recourse in what i want to do...there is so much more to what ism telling you...and what about the warrant Sept1 - Oct31 how can i be charged with a warrant the that there is No Proable cause
Expert:  Jim Reilly replied 8 years ago.

Without knowing more about your case, it is somewhat difficult to evaluate some of the things you mentioned in this follow up post, but I will give you my best possible response to the additional points you have raised:

With respect to any motion to dismiss with prejudice, such a motion can only be heard by the court in which the charges are pending. Therefore, if the motion was filed in Tennesee while you were awaiting extradition, the court was correct in declining to rule on the motion, which could only be heard by the court in Virginia where the charges were pending.

A nolle prosequi motion by the DA essentially means that they are dismissing the charges without prosecuting, but as you apparently surmised, would not prevent them from refiling the charges at some future time (as long as this was done within any applicable statute of limitations). However, a nolle prosequi is still a dismissal and if the DA was willing to do this with respect to all charges, I would have advised you to agree to such a dismissal.

If the nolle prosequi on the rape charges was contingent on your plea to the unlawful wounding charge, it may have been in your best interests to accept that plea rather than risk trial on the much more serious rape charges. Without reading all of the reports, there is no way for me to adequately evaluate whether or not your Alford plea to the amended charge was a good idea.

If children's services determined the charges were entirely unfounded (that is, that there was no criminal activity at all), that suggests that a plea to any offense may not have been in your best interests. Again, however, it is difficult to really evaluate that aspect of the situation without being able to review all of the reports.

If the judge really knew that all of the charges were false, he should not have accepted the Alford plea and it may well have been judicial misconduct for him to do so. However, at the plea stage of any criminal proceeding, the judge has not yet heard any of the evidence (other than what might have been included in any declaration in support of an arrest warrant, which would as a matter of course appear to demonstrate that a crime was committed), so it is not likely that your judge actually knew that the charges against you were entirely false.

The DA has an ethical obligation not to bring or continue the prosecution of charges which he knows to be false. If you believe this occurred, then your recourse is to file a misconduct claim with the Virginia State Bar, as I suggested in my earlier response.

As for the warrant and the extradition process, neither can legally proceed in the absence of probable cause that a crime was committed. It seems fairly certain to me, however, that someone must have executed an affidavit in support of the warrant which established probable cause to believe that the charged crimes had been committed. This would normally be done by a police officer reciting what he has been told by the alleged victim. So, if this alleged victim told the officer that she had been raped and he included that in the affidavit in support of the warrant, that would establish probable cause for issuance of the warrant. This, in turn, would allow the courts to lawfully proceed with the extradition process. The fact that the charges on which you were extradited were ultimately dismissed would not in and of itself invalidate the extradition process (and even if it did, there would be no remedy on that particular point because you were already back in Virginia).

If you were falsely arrested, you might have a civil claim on that basis. However, the fact that you entered an Alford plea to a reduced charge arising out of the same factual circumstances makes it very unlikely that you could succeed in any civil case for false arrest.

As unfair as all of this seems, there is probably not much you can do about it at this point. You can, of course, consult with a civil attorney and ask him to review the entire case with respect to any possible civil claim you might have. Because the underlying case is in Virginia, you should probably have such a consultation with a Virginia lawyer rather than one in New York.
Customer: replied 8 years ago.
Mr Reilly thk for your answer Iwas told by one Va. attorney the only way to win my case now is to go after the DA on Misconduct and to point Judicial Misconduct. the Motion to Dismiss with Perjudice was filed in TRAIL COURT in VA. which was never ruled on until the alford plea was brought up. and yes the Judge knew because the trail Judge sent the case back down stairs after me being held a yr. for Nothing...My Civil Rights where voilated and my Constutional Rights where voilated. How can probable cause be established with a 60day window on a warrant where the witness says she dont know ? there is NO evidence to show that any crime had been committed to the charges in the 5 count indictment
Expert:  Jim Reilly replied 8 years ago.
You're welcome, Vernon, I agree with the attorney that you spoke with about this. If you want to pursue the matter any further, that is the way to do it. Good luck with this if you decide to do so.
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