Legal Question in Criminal Law in Indiana
The affidavit for probable cause conflicts in the most obvious manner with the arresting officers deposition. Is there case law that can be referenced to throw the case out?
Asked on 12/20/09, 9:52 am
1 Answer from Attorneys
Jorge GEORGE Rodriguez
Law Offices of Jorge "George" Rodriguez
Unfortunately it is not that simple. Unless the differences between the probable cause affidavit and the deposition convince the prosecutor to dismiss the case, your matter will have to go to trial where your finder of fact, a Judge in a Bench trial and your Jury in a jury trial will have to decide for themselves if the differences are enough for them not to believe the officer or that a crime occurred. While you could file a Motion to Dismiss at this stage with just those discrepancies, it is unlikely to be granted.
Answered on 12/26/09, 5:22 am
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