[Rextab65]

My question involves criminal law for the state of: California

I have been charged with (3) counts of felony mortgage fraud as a result of acts committed by my ex-wife in my name. I have email records with her confessing to ALL charges in great detail and attempting to validate her reasoning for it. She is now not willing to confess, not fully knowing the physical evidence proving her guilt. In addition, her former employer whom terminated her for the same acts is willing to testify to that fact. The former employer where the fraud was committed involving (2) of the (3) counts against me indicates that his name was forged on my transaction. He also indicated she more than likely used and forged his name on the transaction because one spouse is NEVER allowed to handle transactions for another spouse, which is why when the investigation was being conducted it was not discovered she had anything to do with the transaction. I will be presenting this and other physical evidence to the District Attorney to prove my innocence. As for the 3rd charge, the evidence relating to the other two charges will also prove she was involved with that count as well. My questions are as follows:

1) Shouldn't this type of evidence be enough to request a Motion for Dismissal if the DA doesn't choose NOT to drop the charges?

2) Are email conversations admissable as evidence?

3) If the DA and their investigators do not follow up on evidence provided to prove innocence, is this a form of denying me my due Process and/or Suppression of Evidence?

4) If my Due Process was denied to me or evidence ignored, wouldn't this me legitimate grounds for dismissal?

5) If my Due Process was denied do I have grounds to pursue civil action against the DA's office and investigator? (refer to case relating to evidence proving innocence ignored/suppressed resulting in Michael Nifong being disbarred and sued in Civil Court)

[LawResearcherMissy]

1) What physical evidence?

2) Sometimes. No telling whether yours will be. The problem with e-mail is that it is trivially easy to fake. An attorney using eDiscovery methods could authenticate them, but merely printing them out is usually not enough.

3) Not necessarily.

This is awfully serious. Surely you're not trying to handle this without an attorney?

[BOR]

4) If my Due Process was denied to me or evidence ignored, wouldn't this me legitimate grounds for dismissal?

A defendant has the right to cite any law, statutory or constitutional etc., that he believes will exculpate him or her and move to dismiss the Indictment or Information etc.

5) If my Due Process was denied do I have grounds to pursue civil action against the DA's office and investigator? (refer to case relating to evidence proving innocence ignored/suppressed resulting in Michael Nifong being disbarred and sued in Civil Court)

Nifong's case was unique. Prosecutor's, per the federal constitution, enjoy Prosecutorial immunity, or absolute immunity, like a Judge. To civilly sue one and be not be outright dismissed takes such egregious conduct it is clear on it's face he or she is not entitled to immunity protection, this is a very difficult burden to prove, very difficult.