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  1. #1
    Join Date
    Dec 2012
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    1

    Default Police Lied in Police Affidavit

    My question involves police conduct in the State of: pa.police intentionally left out a import detail in my case of me gettin a gun pulled on me.the two alleged victim statements say how they pulled a gun.i took a plea at prelim hearing because i thought everyone was lying.my question is can i sue the cop who lied on the police affidavit if i can prove he was lying?

  2. #2

    Default Re: Police Lied in Police Affidavit

    The police report means nothing. It's not evidence in the case - rather, the officer himself would have taken the stand and been subject to cross interrogation by your defense attorney. If you chose to take a plea rather than fight the case in court and bring forth your evidence, that's on you. The contents of that report now are meaningless.

  3. #3
    Join Date
    Sep 2010
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    19,379

    Default Re: Police Lied in Police Affidavit

    They don't have to paint the entire picture on the affidavit to file the charges, only give enough information to establish the probable cause for the charges to be filed. Your preliminary arraignment/Preliminary hearing is where they actually bring out the real testimony about what happens and you have the ability to crossexamine or bring up your own witnessses.

    What are you charged with?

    I suspect you didn't have a lawyer at the prelim.

    If this was a summary offense, your plea at the prelim (I suspect you also waived everything and was tried by the magistrate) stands.

    If this is a misdemeanor, then even if you negotiated a plea, it doesn't mean anything yet. Even if you waived the prelim, you still have to go up in front of the common pleas judge for an arraignment and then a "trial" (really you'll just admit the charge and be found guilty) and sentencing. Most likely a PSI will be conducted in the interim.

    If the latter is the case (and you haven't been to trial), then you MUST find get a lawyer NOW!

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    20,457

    Default Re: Police Lied in Police Affidavit

    Quote Quoting timo83
    View Post
    My question involves police conduct in the State of: pa.police intentionally left out a import detail in my case of me gettin a gun pulled on me.the two alleged victim statements say how they pulled a gun.i took a plea at prelim hearing because i thought everyone was lying.my question is can i sue the cop who lied on the police affidavit if i can prove he was lying?
    What was this affidavit for? An arrest warrant? A search warrant? An affidavit of probable cause to support an arrest?

    What did your attorney tell you when you offered to take a plea?

    The probable cause for your arrest does not generally need to include potentially exculpatory information - that's what court is for. If it was for a search warrant, then information that might tend to argue against probable cause could lead to suppression of evidence ... again, something to be taken up in court.

    With a guilty plea, suing the officer would be pretty much done before it begun. If you feel he committed malfeasance, you can bring this up to his agency, contact the prosecutor and ask that they investigate it, or let it go. If, somehow, you can find an attorney that is willing to tell you that this statement resulted in you being railroaded and you have a lot of money to spend on tilting at windmills, then go for it.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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