4 ms·
As soon as the DA got the letter from their only witness stating that no crime occurred (unless they thought Comcast was lying then, which doesn't seem very pos
by morpheuskafka 3y ago
As soon as the DA got the letter from their only witness stating that no crime occurred (unless they thought Comcast was lying then, which doesn't seem very possible in this scenario), they would have been obligated by Model Rule 3.8(a) to discontinue the prosecution. Whether or not it was "already scheduled" should have been irrelevant.
- qingcharles 3y agoHow many times have you seen a prosecutor sanctioned under 3.8? Believe me, I have tried and tried to get prosecutors cited under it. I know prosecutors who flat-out commit felonies and the State won't do anything. Is there evidence that any prosecutor ever has been brought up on this Rule? And I don't think just because the only witness states no crime occurred that the prosecutor will drop the charges. I would say in at least 50% of domestic battery cases the complainant will call the prosecutor at some point and tell them that no crime happened and please can they let the defendant out of jail. In almost zero cases this happens, in my experience. Normally they run it all the way to trial and sit there holding up the court waiting for the no-show witness to turn up before the judge acquits.
- OhMeadhbh 3y agoI don't think ABA model rules are legally binding.