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  1. #1
    Join Date
    Feb 2018
    Posts
    28

    Default Assault on a Police Informant

    My question involves criminal law for the state of: Ohio

    A hypothetical scenario -- the police are conspiring to deprive the rights of a party A. They send an informant, Party B, to carry out a 'hit.' Party B sees Party A walking down the street and runs up and starts assaulting Party A with a baseball bat. Party A falls to the ground and starts flailing at Party B on the ground, swinging at him while being clobbered with the baseball bat. The cop shows up and sees Party A flailing at the informant on the ground while being struck with the bat. Rather than arrest the guy with the baseball bat, the cop arrests Party A for assault on an informant. The cop conceals all the informant's offenses from his probable cause affidavit. What are the available defenses in this scenario and what would be the best defense to get the charge dismissed before plea or trial?

    Would a lack of probable cause defense (concealment of material facts) work for getting the charge dismissed before plea or trial? Would unlawful search and seizure (all evidence criminally obtained) work in getting the charge dismissed before plea or trial?

  2. #2
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    380

    Default Re: What Would Be the Best Way to Get a Charge Dismissed in This Scenario

    First if the "frame up" can be proven, both are guilty of criminal acts.

    In Ohio on a Felony charge an indigent person is to be provided a public defender. If a petty offense (M-4 to M-1) the court has a discretion to appoint a PD if indigent. If one is not appointed, and you are convicted, you can NOT be sentenced to jail time.

    The facts would seem to indicate simple assault by A, absent the frame. More than likely a PD will be appointed, only s/he can evaluate the facts and mount a defense. There is PC to arrest you due to the frame, of course a lie and a crime.

    You mentioned nothing about a search, and the seizure part is the arrest. The evidence is not material in nature, such as contraband, but one of direct testimony, the lie. There is nothing to suppress under the exclusionary rule.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,339

    Default Re: What Would Be the Best Way to Get a Charge Dismissed in This Scenario

    First, we don't do hypotheticals.

    Second, while I know that suddenly for some reason this notice is frowned upon, posting Hx is very, very necessary here.

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