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Criminal Investigation

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What is the name of your state? TX And this may belong in the fed forum, sorry if so. But, if after an individual is arrested, in this case for two class A misdemeanors, and during the investigation of those two offenses, other, larger crimes are discovered as having been committed by the witness, and in this case, the one who filed the report in the first place against the defendant, only the crimes discovered show that person guilty, how is that handled? What I mean is, and for this, the police didn't investigate, it was privately investigated and what was found rises to a federal offense, or offenses, but one would think this situation has never occurred before in the history of our judicial system based on the blank stares it receives. Thanks
 


Some Random Guy

Senior Member
If the evidence of criminal behavior of the complaining witness is known to the defendant, they may be able to use that evidence to impeach the witness and demonstrate that he may not be as trustworthy as the prosecution would prefer.

But any introduction of evidence aong these lines ot questioning of the witness in court may be subject to the judge ruling as to what is admissible or not admissable due to its prejudicial nature and whether the crimes directly relate to the truthfullness of the witness.

The defendant's lawyer should know what to do with this information.

..only the crimes discovered show that person guilty...
In the midst of a huge run on sentence you say that the witness is guilty. Guilty of what, the original misdemeanor or the new larger crimes? If its the misdemeanor, then the defendant's lawyer should certainly use this evidence to get a dismissal.

Also, just because the witness isn't charged with the new crimes now, there is nothing stopping the police from charging them once the current trial is over and they no longer need him as a witness.
 
Guilty

Thank you for that response. And yes, I have a problem with run ons to say the least and I could continue, if ya know what I mean. But, I mis used guilty as at this time, nobody is guilty yet. However, I am the defendant, an ex girlfriend I lived with is the state's star witness and has claimed assault, interfere with a 911 call, and a month later, that I violated a protective order by way of contacting her. Without typing a novel, I will just say that the call itself was actually to her step dad, who is larger than I am and lived 250 yards from us. She was calling him because I had found and re-taken possession of some video tapes that had two things on them. One was evidence of my ex wife's pitiful behavior as it related to a civil matter, a custody case that I was ready to move on which would have awarded me, in my opinion, custody. The other item, and this wasn't known at that time, was of nefarious criminal acts by my girlfriend. I was aware of one episode where she had taken drugs, smoked meth, on one night when I wasn't there and it was on one of the videos. But the crimes I didn't know about, and the one's she was freaking out about that night as she assaulted me are sexual offenses, including aggravated sexual assault, that she and at least one other individual are guilty of. Due to the manor in which it occurred, or, how the bad guys got away with it, tends to give weight to the possibility it was someone that could sneak around fairly well and maybe had training on that. In other words, a law enforcement officer. Due to that, I'm not just all warm and fuzzy about giving one of the only groups in this country who receives that sort of training evidence of such value, at least without some type of dialog indicating whether I can professionally duplicate it for my own peace of mind. The police won't discuss it at all. I don't deal with those guys ever, so I don't know if that's protocol or reason to be more suspicious. In addition to the crimes the ex GF commits on them, her actions to me anyway, including the report to the police where she is the witness, is obstruction of justice, and there's other bizarre details surrounding that, and in support of that as a possibility. Because of that, I have reported it to the FBI, but they're the FBI. Throw in the fact this ex GF has more sex appeal than she should, that she once worked at the DA's office that is now trying me, and that the DA himself has been indicted and is awaiting trial on 3 felonies, and to me, I say there is a sex scandal. The ex is scandalous, and just like the song, the pressure is getting harder which leads towards wanting to hold her head under water, but I'm not like that. I am like someone who didn't do it, found other stuff she did, big time stuff, but even with what you replied with, on some level, that means my attorney would have to challenge a county, and criminal defense attorneys may be so peppered by DAs, that I would be better suited confessing to something I didn't do in order to save the tax payers money. At least that is what the mold, if you will, seems to be and why I asked. Again, I mean it when I say thanks for the response.
 

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