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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27742
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If you have a a false arrest if they arrested u on something

Customer Question

If you have a a false arrest if they arrested u on something that they seen you didnt do on video and it shows you didn't pick up anything but the judge still insist that you did something and your lawyer keeps saying that they have nothing to charge you with your case dispenser case should be dismissed at the judge will not dismiss it and your lawyer said you're not guilty of picking up anything but still the judge is still trying to give you probation and the original charge that you went to jail for in the first place they have not even said anything else about it the case needs to be dismissed and the judge offered you a year probation first time and now he offer you six months but you're not even in trouble for the original charge where the warrant went out can you please explain to me how they allowed to do this
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.

Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey_ JD replied 3 months ago.

The judge does not have to dismiss a case just because one piece of evidence is favorable. Because I am sure that when your lawyer makes an argument to dismiss, the prosecutor makes an argument that the case should continue. That means the prosecutor believes he's still got enough evidence which, when it all comes out, will prove the case against you beyond a reasonable doubt.

So if the prosecutor believes he can get a conviction -- even if he ultimately turns out to be wrong -- he's entitled to try to go forward. And the judge is entitled to wait for all of the evidence to come out before him to make his decision on the case.

If you did not commit a crime, you don't have to take probation for a year, for 6 months or ever at all. Regardless of how hard the prosecutor and the judge are pressing to get you to take a deal, you are free to insist that the case go to trial and to confront all the witnesses against you and challenge the evidence. For whatever reason, the state believes they have a good case against you. So the nature of the system is to push to get you to admit your guilt. It's an adversarial system. As much as you and your lawyer believe this case should be thrown out, the prosecutor and the judge believe that you were properly charged.

You don't have to buckle to the pressure and take any deal at all. If you want your day in court to get this all before a jury and prove that you did nothing wrong, you'll get that opportunity.

I wish you luck with your case. If the video does indeed say it all, the verdict ought to be in your favor.

Expert:  Zoey_ JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.