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How Do I Get an Indictment Thrown Out Because Police Lied?

How Do I Get an Indictment Thrown Out Because Police Lied?

Q: What is a motion to suppress evidence?

A motion to suppress is a request to exclude certain evidence from being used at trial. This is often based on claims that the evidence was obtained unlawfully, such as through police misconduct. If the court finds the evidence was improperly obtained, it may be excluded, which could lead to the case being dismissed.

Q: Can a defense attorney challenge police testimony?

Yes, a defense attorney can challenge police testimony during a hearing. They can cross-examine officers and present evidence showing inconsistencies or misconduct. If successful, this may weaken the prosecution's case and potentially lead to a dismissal or favorable outcome for the defendant.

Q: What happens if evidence is obtained illegally?

If evidence is obtained illegally, a defense attorney can file a motion to suppress that evidence. If the court agrees that the evidence was obtained in violation of the defendant's rights, it may be excluded from the trial, which can significantly impact the prosecution's case.

Q: What are the grounds for dismissing a criminal case?

Grounds for dismissing a criminal case can include lack of evidence, procedural errors, or violations of the defendant's rights. A defense attorney can argue these points in a motion to dismiss, seeking to prevent the case from going to trial.

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In Arkansas, if the Prosecuting Attorney refuses to have a case withdrawn or dismissed, even after proof the Police Department Officers lied, which led to a individuals arrest, imprisonment, and a criminal record what can a Defense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: 04/07/2025
State: Arkansas

Answer:

The indictment is issued by the grand jury after presention of evidence by the DA. This gives the state the authority to charge and arrest the accused to stand trial. It is possible for the defendant's attorney to file a motion to dismiss the indictment before trial. If the judge decides the indictment is invalid, the case will not proceed to trial.

A motion to suppress is a request to a judge to keep out evidence at a trial or hearing, often made when a party believes the evidence was unlawfully obtained. The party making the motion often claims the evidence was obtained as the result of an unlawful search and seizure. Police lying to obtain a warrant may be the basis for such a claim.

The court decides this issue after a hearing in which the defense attorney cross-examines the officers involved in the case, and presents legal argument about why the evidence should be suppressed. If this motion is successful, the case may be dismissed 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.

FAQs

What is a motion to dismiss in a criminal case?

A motion to dismiss is a legal request made by the defense attorney to terminate a case before it goes to trial. This motion argues that the indictment is invalid or that there are insufficient grounds to proceed. If the judge agrees, the case will be dismissed, preventing a trial from occurring.