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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118175
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Now that motion for dismissal was filed with my affidavit.

Resolved Question:

Now that motion for dismissal was filed with my affidavit. What are some things that the state prosecutor may attempt to delay longer or avoid a dismissal. There is no evidence to support any of the allegations so how is the prosecutor going to avoid the dismissal. Pinellas County is corrupt and my attorney that was brave enough to help and stay on the case said he actually has evidence of racial motivation but that will be dealt with later. I had to inspire him and let him know that i wasnt going let him ruin his career and that at the end it will be a life changer for him and his career and he will be the johnny cochran of pinellas county if we get this dismissed. So he looked into my case and found out it was all fictitious and that he cant even understand how the state was going to even explain the accusations. In his dismissal he emphasized there was no primae facie case of guilt. But because they are unlawful who can i contact. My headliner is a minority physician facing life in prison for practicing medicine in Florida.. Case # XXXXX in Pinellas County Florida. Need help!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
There will have to be a hearing on the dismissal motion and the prosecutor is going to have to present evidence that shows probable cause to defeat your dismissal motion. If the prosecutor cannot present any evidence sufficient to show there is probable cause for the charges, there is not much they will be able to do to delay other than ask for a continuance which your attorney will object to and then it is up to the court to decide to grant the continuance or not Once the case is done, then you can seek your redress for civil rights violations if you can prove this was all racially motivated and you would need to seek a local civil rights attorney to review the evidence for that case.

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Customer: replied 5 years ago.
well to elaborate my human rights were violated as well. illegal search and seizure, false arrest, false imprisonment, excessive bail, denial of representation, malicious prosecution, theft,exhortion, violation of my 4, 5, 6, 8 and 14th amendment and inalienable rights to life liberty and pursuit of happiness and my civil rights as a minority as well. Thanks for clarifying things they may do to avoid dismissal. I read about a demur and transverse, so i guess if the state continues to lye charges can be filed for perjury correct?
Expert:  Law Educator, Esq. replied 5 years ago.
Those are all part of your civil rights complaint. You cannot file charges of perjury against the state, any charge of perjury would be at the discretion of the judge on the case.