Legal Question in Criminal Law in California
In a robbery case, if the only evidence detaining a defendant is testimony by the victim who has provided two conflicting statements of the alleged crime and provided our private investigator (hired by defense attorney) a third statement wherein he admits he could not clearly identify the suspect who allegedly robbed him. At preliminary hearing what grounds do we have for dismissal?
Side Note: The alleged defendant is on third strike and we believe the victim was coached into identifying the defendant
2 Answers from Attorneys
You'll lose the prelim, everyone does, but sounds like you have good evidence for trial.
Seriously, you are asking for a detailed legal opinion, advice, and strategy discussion that can be legally given only within an Attorney-Client relationship, and then only after a full review of ALL the facts and admissible ,evidence. No amount of free 'tips and hints' from here or anywhere else are going to effectively help anyone in their "life" and death defense, other than 'put on whatever evidence you have' at the prelim and make your arguments to the judge. Don't count on winning, no matter what you think the evidence shows, since the court only has to find there is an 'possibility' of conviction to bind over to trial. If you are actually an attorney needing guidance, feel free to contact me directly to talk. If you are a 'friend' trying to help a defendant [i.e. meddle], contact and talk to the current defense attorney you mentioned to see if he wants your help or advice. He would not appreciate you bringing to him unsolicited 'advice' from anyone here anyway, trust me. If the defense attorney doesn't already know what and how to do all these things, then get a new attorney. If serious about doing so, feel free to contact me.
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