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  1. #1
    Join Date
    Dec 2014
    Posts
    2

    Default Sharing Evidence with a Public Defender

    My question involves criminal law for the state of: Arizona


    Not sure if this is the right area for this, but I'll give it a shot. I know of someone who is currently involved in preliminary hearings for the following:

    MARIJUANA-POSSESS/USE
    DRUG PARAPHERNALIA-POSSESS/USE
    THREAT-INTIM W/INJ-DMGE PROP
    DISORDERLY CONDUCT-FIGHTING


    My issue is this. I know for a fact that he was set up. I won't go into the full story, but the people behind this wanted it to happen, and went out of their way to insure that it did. They knew that he would do this if provoked enough (and one even supplied him with the marijuana in question). The twist is the defendant in this case had no idea of what was going on behind his back. The only reason I know of this is because I was a "silent witness." I didn't partake in any of this, but I watched and was told all the details as the story unfolded. As a result of this, this man could potentially lose his children, which would be very dangerous for them (the mother is highly unstable).

    My question is, can I contact the public defender representing him and share what I have with him? Will it matter and/or help this man's case any? Thanks in advance for any advice.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Sharing Evidence with a Public Defender

    You certainly can. Since you gave us ZERO details as to what happened, we can't tell you if it would help. The defendant's attorney would be in a good place to tell you.

    However, you should BE VERY CAREFUL that you haven't also committed a crime. Communication with someone else's attorney isn't privileged. You should be sure you're not setting yourself up for prosecution.

  3. #3
    Join Date
    Dec 2014
    Posts
    2

    Default Re: Sharing Evidence with a Public Defender

    Quote Quoting flyingron
    View Post
    You certainly can. Since you gave us ZERO details as to what happened, we can't tell you if it would help. The defendant's attorney would be in a good place to tell you.

    However, you should BE VERY CAREFUL that you haven't also committed a crime. Communication with someone else's attorney isn't privileged. You should be sure you're not setting yourself up for prosecution.

    Thank you, flyingiron. The details are long and complicated, but I can give you the gist. Basically, this man's wife wanted him gone because she hated him. However, she was too scared to tell him this. She was cheating on him behind his back, taking money for sexual favors, bringing his two small children around other men and into dangerous situations, etc. He knew none of this. She knew his history with trust issues and insecurities, and exploited it. She provided him with alcohol and marijuana when she knew it was wrong, all in the hopes that he would do something illegal. In public she played the "innocent victim." But behind the scenes, she was devising a plan, feeding into his issues, and saying things like, "He won't get the kids this way," "He can't prove anything," and so on. The night he was arrested for the charges in question, she was gloating about it. That's just a small part of it.

    As for me, I was only witness to this as far as what I was being told and shown. I didn't take part in any of it. And the only reason I want to share this with the public defender is despite what the defendant did, he is not fully to blame, and the full story hasn't been told.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Sharing Evidence with a Public Defender

    If he willingly took possession of the drugs, it's not likely that the fact that she manipulated him into that situation will mean much.
    You still haven't said anything that appears exculpatory. Again, I recommend you speak to your own attorney first and let him communicate with the defendant's counsel.

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