Is there a motion that can help?

[jeffsarnold]

What is the name of your state? Michigan

I was doing a cable install in a customers home on 2-15-07. While I was removing some drop tiles from a drop ceiling in the basement, a shoe box fell from the ceiling. I caught the box and as I looked down at it, the attached lid was open just far enough to see the corner of a $20 bill. I immediately closed the box and returned it to the ceiling. I received word from my company, about a week later, that this customer claims they had $20,000 in this box. They stated that they believe I took $14,000 of this money and left $6000 there. They have been pushing me to take a polygraph and I told them that if they give me a piece of paper stating that if I don't fail this test, they will drop the charges. The Prosecutor states that he can't make that kind of deal. I had to get a public defender because my wife and I can't afford the 3,000 to 5,000 dollars that most attourneys require to try this case. I have been told by my public defender that the whole case is based on me having the opportunity to take this money. There is no physical evidence that I or anyone else for that matter had taken this money, or that this money even existed.

My question is, is there any kind of motion that could be filed with the court to ask them to throw this case out due to lack of evidence? My public defender is very over worked and I don't think he is really putting alot of effort into defending this case.

 

[Bretagne]

At some juncture, your attorney can file a motion to challenge the State's probable cause to believe that a crime was committed and/or that you were the person who committed the crime. Just bide your time and wait for now.

Who keeps $20,000 in a shoebox in their ceiling? And who would take $14,000 but leave $6,000 behind? This is a ridiculous set of facts. Make sure you demand a jury trial, not a trial to the judge. Unless there's more you're not telling us here, this case has reasonable doubt written all over it, which means you won't ultimately be convicted.

Did these people seem like drug dealers or otherwise sketchy people who are involved in something they shouldn't be?

This case will probably ultimately settle prior to trial due to the small likelihood of success and the veracity of the reporting party.

 

[jeffsarnold]

jury trial...

We were suppose to go to a jury trial last tuesday. I arrived at court at 8:30 am. I waited in the hallway outside the court room until 10:30 am when my attourney's assistant came out and said that the prosecutor had decided to try another case. I was rescheduled another 2 months out! I have demanded a jury trial. My lawyer thinks they are trying to play games to frustrate me into accepting a plea bargain. This won't happen. Thanks for the reply!!!