QUESTION
Can a motion for dismissal due to lack of evidence be filed on a misdemeanor?
Asked on Jan 27th, 2016 on Criminal Law - Michigan
More details to this question:
I've been thru the court process so far and in December signed for court appointment. Judge says next date on January 13 is to meet with him. Let’s just say my meeting sucked. I had to ask if he was my attorney or the prosecutor but when requested the video be used in my defense to prove my innocence, in police report asset protection says they used CCTV monitor my price changing activities at certain points throughout store which led to my detainment. He says they doesn't have it but it's not needed for a conviction, left his office in tears and feeling defeated. We went in front of a judge, requested a bench trial of course at his discretion and yesterday met with him to review evidence. I showed all my receipts and then he proceeds to ask what it is I want him to do for me. Baffled, I said clearly I'm innocent. I assumed I wouldn't be seeing a trial and your sitting here telling me this guy can come to court say whatever he wishes with no video to back it up. He says this is only a misdemeanor. Motions for dismissal are only for felony cases. I'm due for bench trial. I’ve came too far in my life to just sit back and let my past bite me. What can I do if I think my court appointed attorney is lying? Obviously I'm no saint but I live a good life with a great man (whom I'm embarrassed to tell) but he gives me anything I don't need to do anything I've been accused of.
3 ANSWERS
Criminal Law Attorney serving Royal Oak, MI
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James S. Lawrence
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You can try just about anything, but a Motion to Quash (motion before trial to dismiss criminal case for insufficient evidence) is allowed only in felony cases. A misdemeanor does not have a preliminary exam, and a motion to quash is based on testimony at the preliminary exam. If you can win a motion to suppress evidence for illegal search, or illegal interrogation, that can lead to dismissal of the case. After the prosecutor closes their case at trial, then the defense can make a motion for directed verdict, which dismisses the case if it wins. A bench trial can be good if you have a good judge. I do not know all the judges in the state, and you did not give the name of your judge. I normally prefer a jury trial, but not always. Each case has its own unique circumstances.
Answered on Mar 03rd, 2016 at 3:40 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should engage your own private attorney to review the matter. Generally it is not necessary to have CCTV footage to be found innocent, or guilty.
Answered on Feb 25th, 2016 at 10:20 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If you don't like what's being offered, feel free to insist on your right to go to trial. If you're convicted, things won't be as pretty, but if you're found not guilty, you walk out the door. Of course, hiring a private attorney is also your choice, if you don't like the court appointed person.
Answered on Feb 25th, 2016 at 8:13 AM