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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33436
Experience:  Began practicing law in 1992
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An individual took prescribed anti depressant pills Fter an

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An individual took prescribed anti depressant pills Fter an anxiety attack, drove his truck thru a neighborhood unaware of his mental/drug I fixed state that f mind and hit many cars, but was unconscious and. His trick came a final STP. A police CR was intercepted very slightly (no I mury to police officer). However, he was charged with attempted 1st and 2nd degree murder plus numerous wreckless things. It has become a known fact that the Prose utipn stated the video cam from the police officer is " missing "! We have all of the rest of the videos showing how they I jured thisnmay as they they him on the ground unconscious.
Question: I believe the missing police video cam is missing because they are hiding a crucial visual fact. Isn't it the duty of the defense to get that missing video cam from the prosecution ? Whatressure should be placed on the prosecutor to produce all video cams related to this incident. There was no INTENT to do harm. The prescribed drugs kicked in and this man lost control of his ability to make a cerebral and upstanding decision.
Your legal opinion please. One other comment if he takes a plea bargain, the prose I
Utor will Dr the first and second degree charges. However,would it best to have a trial by jury? Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Isn't it the duty of the defense to get that missing video cam from the prosecution ? It would appear to be relevant and so the defense attorney should likely file a Motion for Discovery and ask the judge to order them to produce the video. There is really no way to "pressure" the prosecutor other than through the court. If the court orders the prosecutor to produce the video and the prosecutor says it doesn't exist then that pretty well wraps up the issue since they can't produce something that doesn't exist. Certainly the defense attorney could call the custodian of the videos from the police department and have them testify under oath that they don't have it. I don't think murder fits the facts you've given so this is almost certainly an example of a prosecutor "over-charging" a case hoping to get a conviction for one of the lesser included offenses. However,would it best to have a trial by jury?It depends. It's definitely not always better to have a trial by jury in a criminal case. The defense attorney could be thinking that a judge is more likely to handle the facts unemotionally and make a decision whereas a jury may think "that could have been me and my family in the car he hit" which would likely be how a prosecutor will argue it.