Legal Question in Criminal Law in California
Minor 16 charged for felony
A minor 16 charged with a felony assult and gang related assult.Victim claimed the minor was there but changed story.The neigbor or mother seen the fight claiming the DA.Minor not there according to the others charged also the school records show the minor was in detention at the time of the fight.Minor missed classes in the day but showed up for the dentention.DA wants to go to trial.We have a public defender.Seems like he's not so aggressive in this. If the DA makes a false statement about the mother seeing the fight during the preliminary hearing to keep the minor in the juvinile hall is this a mistrial.the judge even questioned the DA a second time when the DA stated this.Now the minor has been in custody for over month. the next hearing is in another month.Should the DA just drop it and move on? If the DA drops this do we have a case against the DA and family for anything criminal of monetary. Very frustrating if this goes to trial.
2 Answers from Attorneys
Re: Minor 16 charged for felony
First and foremost concentrate on the case against the minor...worry about collateral issues after the minor's case is concluded...mistatements, claims, etc...
Second, does the DA know this part:
...also the school records show the minor was in detention at the time of the fight.
And are there corroborating witnesses to the detention?
All are important issues to defense counsel and need to be investigated ASAP.
In juvi court detention hearings do not determine the truth of the charge for double jeopardy issues, but, when to facts turn out to be radically different thatn those at the detention hearing, some Judges do not look kindly upon those changes.
As in any situation, extrapolating demeanor into attitudes is difficult. As cimes of violence, gang issues, joint liability, incorrect/mistaken/false identifications are all very complex issues, You may wish to seek private counsel if it is within your ability to do so.
Best
DJM
Re: Minor 16 charged for felony
It is quite common for witnesses to the same event to remember it differently. The fact that there are witnesses who say the defendant wasn't involved does not negate the fact that other witnesses say he was. Prosecutors do not have to drop every case in which some witnesses say the defendant is innocent, and such a requirement would do far more harm than good. If the case goes to trial it will ultimately be the jury's role to decide what really happened.
A preliminary hearing is not a trial, so a mistake at a prelim is not a mistrial. Statements made in court by the D.A. are argument, not evidence, so even if the D.A. said something that wasn't true his statement likely didn't have any effect on the judge. If the D.A. is deliberately misleading the judge he can be punished for it, but such conduct is no reason to set the defendant free unless the evidence would otherwise have persuaded the judge to let him go.
Will you have a claim against the D.A. if he drops charges? No, unless he actually knows the minor is innocent but continues prosecuting him. D.A.s sometimes mistakenly prosecute innocent people, but if they had to fear being sued for honest mistakes they would be reluctant to prosecute cases unless they had solid proof of the defendant's guilt.
Besides, if the D.A. could be held liable after dismissing the case he would have a strong incentive not to dismiss. That clearly isn't what you want, and we as a society don't want that either. The law tries not to give people such perverse incentives.
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