Should Defendant Risk Trial?

Hello-

Long story short I have a case where a defendant is being accused of a major violent crime involving a handgun, (the accuser is a convicted drug felon who subsequently was arrested for attempting to kill his girlfriend in the proceeding weeks following the arrest of the defendant).
The arresting agency did not conduct any type of GSR testing, or any related type of testing upon arrest of the defendant. Actually the ONLY corroborating evidence at all that the prosecution is submitting, is that of an unspent 9mm bullet found in a vehicle that the defendant was driving.
The prosecution will also state that the accusers’ vehicle had been shot recently, however the caliber does not match that of a 9mm, and no weapon was ever retrieved upon the arrest of the defendant. Does the prosecution have a case, or will the defendant be acquitted? Should the defendant risk trial by jury?

Deus Ex Machina said:

Long story short I have a case where a defendant is being accused of a major violent crime involving a handgun, (the accuser is a convicted drug felon who subsequently was arrested for attempting to kill his girlfriend in the proceeding weeks following the arrest of the defendant).

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What state is this in?

The arresting agency did not conduct any type of GSR testing, or any related type of testing upon arrest of the defendant. Actually the ONLY corroborating evidence at all that the prosecution is submitting, is that of an unspent 9mm bullet found in a vehicle that the defendant was driving.

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I suspect there is a little more to it than that.

The prosecution will also state that the accusers’ vehicle had been shot recently, however the caliber does not match that of a 9mm, and no weapon was ever retrieved upon the arrest of the defendant. Does the prosecution have a case, or will the defendant be acquitted? Should the defendant risk trial by jury?

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Only his attorney can evaluate the state's case. If his attorney concurs and offers up the possibility of a successful jury trial, then maybe he should go for it. If the chances are not worth it, then maybe he should avoid it.

The State is Washington, and as far as the evidence goes, there is no other corroborating evidence, the prosecution will solely rely on the defendants character, which could easily be construed.
I can see your point about the defendants situation, I guess i am biased, i feel that is nearly impossible to obtain an unbiased jury these days especially sense 90 percent of them watch CSI or LAW AND ORDER and think that they are all as experienced as a judge....


Thanks-


deus ex machina

A huge consideration is money. To facilitate a good defense with serious charges is very important and very expensive. I would also expect the defendant to wait to hear what the d.a. has to say unless the person already has their mind made up.

Again... we don't do homework or school projects.

I agree this has to be homework in some way. I do find it weird the call of the question has to do with winning the case rather than what evidence gets in.

tranquility said:

I agree this has to be homework in some way. I do find it weird the call of the question has to do with winning the case rather than what evidence gets in.

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I vote the casing gets excluded under 403, the defendant does not testify, and the defendant is acquitted.

or


The butler did it in the library with a candlestick.

Many people would call an "unspent 9mm bullet" a cartridge. I think the character evidence regarding the defendant and the witness to be more interesting.

tranquility said:

Many people would call an "unspent 9mm bullet" a cartridge.

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Don't try to confuse me with facts. I cast my vote and I'm not changing it.

I have actually rarely seen the term "cartridge" used in police work. In most reports it would be, "an unspent 9mm round" with, perhaps, the make or manufacturer also mentioned.

I, too, find it interesting that the OP state, "I have a case ..." implying that, perhaps, this was a class assignment that he has to address.

If this were true, and the state brought a case with no evidence at all, then it wouldn't even make it past prelim. The state has something more than the poor character of the defendant to go on.

All of the forums commentators/posters are very well versed in law and I appreciate all of their comments, the DA has offered a deal, 3-5 for a lesser charge.
However the DA wants a conviction yesterday because of whatever reason, here are some more facts for you all to chew on and/or dissect:

First of all it is a REAL case, not a class assignment

Second: the "violent crime" is drive by shooting and attempted murder

Third: there is NO Forensic Evidence at all, only eye witness accounts

Fourth: The only eye witness is the "accuser" aforementioned

Fifth: The prosecution says they have video footage of defendant driving the vehicle in question that was allegedly used in the crime, although it has not been provided through discovery as of yet.

Still think this case is bogus? Let me know your thoughts...

Thanks-


deus ex machina


State: WA
County: Conservative-Right

The prosecution will also state that the accusers’ vehicle had been shot recently, however the caliber does not match that of a 9mm,

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just how would you suggest this be determined?

9mm slug= .355"
.38 special cal = .357"
.357 cal = .356-.357"
380 = .356"
40 cal = .400"
32 acp = .309
45 cal = .452"

there is only 143/1000 difference between the smallest and largest of those. They are the most common calibers in use.


so, figure you have round point unjacketed, round point full metal jacket, hollow point in each, frangible rounds as well as several other types of slugs and each can produce a different size hole for any given caliber. Then you have different levels of charge available in many of the calibers which can result in different results.


so, tell me how they knew it wasn't a 9mm? Was the hole way too big? Way to small?

Good question:

The accusers vehicle was recently shot with a shot gun (buck shot) multiple times, in several different locations. That instance was allegedly a disgruntled customer from the accusers base of clients
for street pharmaceuticals. (never proven though).

Deus Ex Machina said:

All of the forums commentators/posters are very well versed in law and I appreciate all of their comments, the DA has offered a deal, 3-5 for a lesser charge.

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Sounds like a great deal to avoid a conviction for attempted murder!!

Second: the "violent crime" is drive by shooting and attempted murder

Third: there is NO Forensic Evidence at all, only eye witness accounts

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An eyewitness IS evidence.

Fourth: The only eye witness is the "accuser" aforementioned

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Then the defense can try to challenge his credibility at trial.

Fifth: The prosecution says they have video footage of defendant driving the vehicle in question that was allegedly used in the crime, although it has not been provided through discovery as of yet.

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If they try to introduce it prior to providing discovery, your attorney can object.

Hopefully the defendant will give up his thuggish and dope dealing ways no matter how this all turns out.