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  1. #1
    Join Date
    Dec 2016
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    1

    Default How to Fight an Attempted Murder Charge

    My question involves criminal law for the state of: my son has been incarcerated on attempted murder charge and the victim and witness recanted their stories. They don't have no gun, casings,bullistics or no other concrete evidence to hold him. Not even the video doesn't show him comitting this crime. The Judge won't give him a bail reduction nor will he dismiss his charges. What can be done to get through this case?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Wrongfully Accused

    There is no way anyone here can say what might be done. You have not even indicated in what state this is taking place. You have said only what evidence the state does not have, but it matters what evidence the state does have. A lot of nonlawyers misunderstand what constitutes good evidence. Forget what you see on TV and movie crime dramas like CSI, etc. The state doesn’t have to have video, fancy scientific evidence, etc., to make the case. Your son has a problem: the victim and a witness evidently gave statements initially saying your son did it. Was the victim by chance your son’s wife, girlfriend, lover, significant other? If so then prosecutors know that victims of domestic violence often recant their stories out of misplaced love for their abuser and won’t take the recantations all that seriously as a result. So the details of what happened and why the victim and witness are now telling a different story matter a lot. One thing we evidently know for sure is that the victim and witness both have lied at least once, since they both have changed their stories. That does not speak well for them.

    Your son needs a lawyer. If he cannot afford one, he ought to ask the court to appoint one for him. If the state lacks enough evidence to even get to trial, the lawyer will know what motion to file to get the court to dismiss the case.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Wrongfully Accused

    Quote Quoting Mhouston46
    View Post
    My question involves criminal law for the state of: my son has been incarcerated on attempted murder charge and the victim and witness recanted their stories. They don't have no gun, casings,bullistics or no other concrete evidence to hold him. Not even the video doesn't show him comitting this crime. The Judge won't give him a bail reduction nor will he dismiss his charges. What can be done to get through this case?
    He needs a good attorney.

  4. #4
    Join Date
    Dec 2009
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    Lake Chapala
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    3,043

    Default Re: Wrongfully Accused

    Quote Quoting llworking
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    He needs a good attorney.
    Absolutely. NO WAY is this a DIY project.

  5. #5
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: How to Fight an Attempted Murder Charge

    Quote Quoting Mhouston46
    View Post
    They don't have no gun, casings,bullistics or no other concrete evidence to hold him.
    Seems like you have no real idea what evidence "they" do or do not have.

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