The D.A. Is Lying in My Court Case What Should I Do?
Question by PERRONSITO: the D.A. is lying in my court case what should I do?
last year on Nov 20th I was charged with a pcs2 ,I had a small amount of meth.the ticket carries a usual sentance of no longer than 30 to 90 days. the D.A. raised my charge to delivery threatining me with 13 months.At the last hearing she openly committed pergery and lied to the judge also saying she will do what ever she has to to convict me.Im not a bad person I just made a mistake.I’ve since completed 8 months of treatment Im clean and sober,I work and attend school full time .I also do volunteer community service every chance I can. I hate drugs because all of this they’re no fun but this d.a. is a vindictive lier.I ready to face my punishment so im not trying to cop out but lying and bending the truth is not justice and my lawyer wont even help,I have a public pretender,excuse me public defender what can I do?this case has taken over one year to resolve,I happen to know the judge im going before is a recovering alcoholic,my life has never been as good as it is now that im sober.
Best answer:
Answer by Garacaius
You have to work with the system at hand even if it is unfair. You need to talk to your attorney and be sure they know of your concerns as you have put forth here. Can your attorney approcach the da about your case ? Are you a first time offender ? That might make a difference. Good Luck
Answer by booktender
Try another lawyer
That is how things are. It is an adversarial system, always one side will say the truth and the other won’t. Nobody likes to lose. Prosecuters as well as defense attorneys will do everything they can to prove their case. If you are innocent then hopefully you have a good attorney that will make your case.
It won’t help to call her a liar in court. I think I would just tell the truth, I made a mistake ,I am paying for it, I am clean and intend to stay that way. Be honest and take what they give you. Good Luck.
I would file an law suite for false accusion if that the case. I would also talk to my attoney and to some research on the internet.
You can’t control the D.A. But I do think she needs some kind of evidence, doesn’t she? I think you can do something about changing your Public Defender. But, first you have to request you get another one.
You can’t prevent others from lying. But you can be honest and smart yourself. That’s how many others are successful.
Get a good lawyer, a high price lawyer.
So why does this DA have it in for you, you got a past that she resents? I can’t imagine that she’s acting this way over a small amount of meth seized from a first time offender, they usually save the venom for bigger fish. Glad to hear your sober and doing so well, now you’ll be clear headed enough to deal with your situation. Talk to your appointed Counsel and if you don’t think you’re not being listened to then insist on speaking to his boss. Ask for another lawyer if you not comfortable with the one you have. You do have that right.
Discuss it with your lawyer again. He/she is there to help you. If you still don’t feel that your lawyer is trustworthy, ask your lawyer to ask you questions that YOU phrase, where you can argue that the D.A. is lying. However, be warned that it all comes down to credibility: You (as a criminal) versus a district attorney.
You can also ask for a new lawyer, but think carefully whether this will help or hurt your case.
Final advice: Stay out of trouble. The easiest way to ensure justice is to never test its limits.
PERRONSITO I saw you on the news today…!!
? http://www.osoq.com/funstuff/extra/extra03.asp?strName=PERRONSITO
Dude, that is a tough one. What a pain in the ass that lady huh? Well, first of all your PD has to take you call. Ask him, on what evidence is she basing the allegation? You see you need to be proven guilty beyond a reasonable doubt, and whatever statute in your state which defines the crime of misd possession will list the “elements” necessary to prove that crime. Likewise, so does the statute controlling “intent to distribute” or “trafficking.” That charge will have additional elements to be proven the lesser charge does not – specifically the “specific intent to distribute” which is very hard to prove on just mere possession. Research this yourself by visiting your State’s online statutes resource. Maybe she is playing hardball to get you to cop to the plea of a lesser charge your PD thinks you can beat. Nevertheless, pick your PD’s brain on this. Also, and very important, at sentencing (if it gets that far which I hope it doesn’t) you can introduce evidence of your treatment and charity work. Make sure your state statutes provide for that in cases such as yours. If so, you can even have character witnesses testify on your behalf. That should provide mitigating sentencing factors in your case and if the worse happens you wont be harshly sentenced – though there is no guarantee on that. Forget the facts about the judge’s drinking or the DA’s lying. That isn’t going to get you anywhere. Good luck and holler back and let us know what happened.