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MOtion to Dismiss? (1 viewing) (1) Guest
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TOPIC: MOtion to Dismiss?
#1850
Brian (User)
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MOtion to Dismiss? 3 Months, 2 Weeks ago Karma: 1  
My question involves criminal law for the state of California

I have a client charged with (3) counts of felony mortgage fraud as a result of acts committed by his ex-wife in his name. Client emailed records confessing to ALL charges in great detail and attempting to validate his reasoning for it. He is now not willing to confess, not fully knowing the physical evidence proving his guilt. In addition, his former employer whom terminated him for the same acts is willing to testify to that fact. The former employer where the fraud was committed involving (2) of the (3) counts against my client indicates that his name was forged on my transaction. He also indicated he more than likely used and forged his name on the transaction because one spouse is NEVER allowed to handle transactions for another spouse, which is why when the investigation was being conducted it was not discovered he had anything to do with the transaction. I will be presenting this and other physical evidence to the District Attorney to prove my client's innocence. As for the 3rd charge, the evidence relating to the other two charges will also prove he was involved with that count as well. My questions are as follows:

1) Shouldn't this type of evidence be enough to request a Motion for Dismissal if the DA doesn't choose NOT to drop the charges?

2) Are email conversations admissable as evidence?

3) If the DA and their investigators do not follow up on evidence provided to prove innocence, is this a form of denying my client due Process and/or Suppression of Evidence?

4) If Due Process is denied and/or evidence ignored, wouldn't this be legitimate grounds for dismissal?

5) If Due Process was denied does the client have grounds to pursue civil action against the DA's office and investigator? (refer to case relating to evidence proving innocence ignored/suppressed resulting in Michael Nifong being disbarred and sued in Civil Court)
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#1885
Jacob (User)
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Re:MOtion to Dismiss? 3 Months, 1 Week ago Karma: 2  
1. I think getting past the MTD will be difficult seeing as there was a written confession. Its worth a try though!
2. All electronic data, if relevant is admissible in court.
3. yes
4. yes
5. yes

If you can find the evidence to support your claim, i would file a grievance with the local state bar. This might help delay the trial or get an independent supervisor over the case.
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