Full question:
In Arkansas, if the Prosecuting Attorney refuses to have a case withdrawn or dismissed, even after proof the Police Department Officers lied, which led to a individuals arrest, imprisonment, and a criminal record what can a Defense Attorney do to avoid a trial that isn't necessary?
- Category: Criminal
- Date:
- State: Arkansas
Answer:
The indictment is issued by a grand jury after the District Attorney presents evidence. This allows the state to charge the accused and proceed to trial. However, a defense attorney can file a motion to dismiss the indictment before the trial. If the judge finds the indictment invalid, the case will not go to trial.
A motion to suppress can also be filed to exclude evidence obtained unlawfully, such as through police deception. If the defense attorney can prove that the evidence was obtained through illegal means, the court may hold a hearing where the attorney can cross-examine the officers involved and argue for suppression. If successful, this motion could lead to the dismissal of the case entirely.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.