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To: TKDietz
What prosecutors do that is equally as evil is the prosecution of minor domestic violence cases for which there is no evidence and calls made by wives/girlfriends who do so only because they are mad. On top of that, most public defenders will not force the prosecutor to establish with the courts aa judicial determination of probable cause. If a defendant simply forced the prosecutor and judge to establish probable cause, most of those phonied-up cases would be dropped in a New York minute.

I was once arrested on a trumped up charge for a nisdemeanor. The judge tried to get me to enter a plea. Unlike most people, I know the law and the court rules. I told the judge we were going to have a hearing to determine probable cause first. After much discussion, he offered to provide an attorney at no expense. I informed him I didn't need one, and he and the prosecutor would have to deal directly with me.

The judge finally realized I was going to force him to follow the law and scheduled a probable cause hearing. I then informed the prosecutor that if they were stupid enough to go to trial, it would last at least four months. and then started to name all the witnesses I would call. She then asked if I was threatening her, to which I replied, "you're damn right I am". The case was dismissed with prejudice the very next day on a motion by the prosecutor's office.

171 posted on 01/27/2004 12:40:08 PM PST by connectthedots (John Calvin WAS NOT a Calvinist.)
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To: connectthedots
The pendulum has swung too far on these domestic violence cases. So many are such bullsh*t cases. Often both parties are equally at fault and only the men are charged. Often there really was no battery to speak of but the women are being spiteful. When they calm down and change their minds they are not able to withdraw the charges because the laws are set up now such that it is extremely difficult for the prosecutors to drop these cases.

I don't know what you are talking about regarding probable cause hearings though. In our state we do not have grand juries nor are preliminary hearings required where the court determines if there is enough evidence to proceed. People can't even compel the court to have such a hearing unless they are incarcerated and I can't recall ever hearing a judge allow a defendant to speak in one of those. About the closest I can get to something like that is a bond reduction hearing where part of my argument for reducing the bond is that there is little likelihood that the state will get a conviction in the end. We get to see the prosecutors hand a little in those hearings but often the judge will shut us down before we get far and the only way the charges get dismissed in a hearing like this is if the prosecutor suddenly changes his mind. We can also do motions to dismiss but for the most part cases are only dismissed when they are improper as a matter of law. If there are factual issues to be determined those are for the jury (or judge in a bench trial) to decide so the judge doesn't want to hear them before the trial.

I would advise anyone who read connectthedots post to exercise care before following his example because in my state he probably would have ended up making the judge mad and he probably would have gone to jail.
190 posted on 01/27/2004 1:55:35 PM PST by TKDietz
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