I'm going to ask you the same thing I asked of someone else on another board earlier today.
Exactly what is it that you are asking a message board to provide you with?
I'm going to ask you the same thing I asked of someone else on another board earlier today.
Exactly what is it that you are asking a message board to provide you with?
If that is what she is after then she is in the wrong place. Internet forums cant give legal advice on an extremely complicated cases such as this one. The only way to give adequate advice is evaluating all the facts and nuances of the case. And since it went to trial and resulted in a conviction there are specialized rules and filing deadlines for appeals. If she wants advice, beyond general explanations of what happened, that she can actually act on then she needs to take the case material to an attorney who is specialized in appeals.
I fail to see what you find so objectionable e about the bolded comment in your post. We are not equipped to provide specific legal advice as most of us are not attorneys and the details matter.Details that the OP may not be in possession of.
Perhaps you haven't noticed that most of the people that post here regarding criminal matters immediately incriminate themselves here. Many others admit to being in the wrong and subject are are being subjected to legal action. It's not that we are or are not "pro-prosecution" so much as prosecutors are and the simple fact is that a small number of defendants prevail in criminal cases for a plethora of reasons.
Your need to rant and rail about the members here is neither helpful or productive. You make personal attacks rather that providing alternatives other than claiming that "perhaps you won't get caught" and running on about experience. What we are discussing here is what the law does and doesn't say. yes, we Google it because we don't know the exact verbiage. Oddly, neither do you and you clearly aren't interested.
On a side note I'd like to make a comment about attorneys.
There are three different functions of attorneys. Criminal and civil defense attorneys, attorneys that represent civil plaintiffs, and criminal prosecutors. Defense attorneys that represent civilians may know that their client is guilty but it is our right to try to defend ourselves any way we can. If a plaintiff is harmed it is his right to try it before a jury. However, when a prosecutor feels very strongly that a person is not guilty, like in the OP's case, but he either has enough evidence to get a conviction or he knows the other attorney will be ineffective in defending his client, why are they allowed to use whatever is at their disposal to secure that conviction?
It is ok for us to use whatever available to be acquitted, regardless of guilt, but why is it ok for a prosecutor to do it. Getting guilty people off is not nearly has harmful as convicting innocent people.
My answer to my own question is because lawyers and prosecutors don't care about guilt, fault or innocence. All they care about is winning. In the OP's case, all the prosecutor cares about is getting a conviction...any way he can. Suppressing witness testimony to get that conviction is disgusting. I saw it all through my trial too...the defense attorney made every effort to gag me.
Maybe she thought that there are attorneys here...when actually there a very few. Actually, most here have never even been a defendant or plaintiff in any trial.
In my case I spoke to countless non-lawyers, before and after the trial. I learned most about my case from non-lawyers. I learned about the heavy bias and shallowness of juries from talking on forums like this one. So speaking on forums is not useless.
Well ok. I guess estate planning attorneys, immigration attorneys, bankruptcy attorneys, contract attorney, social security disability attorney, etc. are all just faking it then?
And how exactly are you privy to the information that the prosecutor in this case believes the defendant was innocent? Have you spoken to him? That is a huge assumption to make based on pretty much nothing.
Whether most of the people here are attorneys or not doesn't matter. If she wants advice specific for her case there is no way anyone can answer that over a forum. It would require her posting a ton of information here including court transcripts, all the filings and rulings, what exhibits or evidence the state used, etc. Someone would then have to pour through all of it to give any sort of reasonable advice. Even if everyone posting here was a highly experienced trial attorney there is just no way to give specific advice on the case in this format.
I never said they were. Just that this situation is not appropriate for a forum for reasons stated above. If she is looking for "any advice on how to get her husband out of prison" as you stated then she needs to contact an attorney specialized in appeals. There is absolutely no way that anyone, attorney or not, can advise her beyond generalized explanations with what little information has been provided.