Sorry seniorjudge, I have to disagree with you regarding the overcharging of crimes. It happens here, with considerable frequency.
Our criminal procedure dictates a "Rule 11" motion at which time you can challenge admissibility of the State's evidence as well as probable cause. Technically, you can challenge probable cause at any opportunity, but pragmatically there need to be written motions and a contested hearing to address PC.
I get cases bumped ALL THE TIME for lack of probable cause; not due to a constitutional challenge of the admissibility of the evidence. Usually there are several charges. The less-severe usually stick. But getting Count I bounced (that's the most serious felony charged) for lack of PC is a common occurrence.
These files are generally assigned to one specific prosecutor, and there they stay. So, there is no division between a prosecutor who litigates and one who appears on pre-trial procedure.
The judges don't get PO'd about the overcharging either. The head prosecutor (elected official) is also not bothered.
Probably about 25% of the time, the complaint and/or police reports are substantially different than the version of events caught on video/audio tape. Maybe 5% of the time those differences are material. And the prosecutors here won't review the taped evidence unless I force them to. Generally, they listen to me. But, I've had motion hearings where the first time the prosecutor saw the tape was when I played it for the judge. Dismissed.
Our criminal procedure dictates a "Rule 11" motion at which time you can challenge admissibility of the State's evidence as well as probable cause. Technically, you can challenge probable cause at any opportunity, but pragmatically there need to be written motions and a contested hearing to address PC.
I get cases bumped ALL THE TIME for lack of probable cause; not due to a constitutional challenge of the admissibility of the evidence. Usually there are several charges. The less-severe usually stick. But getting Count I bounced (that's the most serious felony charged) for lack of PC is a common occurrence.
These files are generally assigned to one specific prosecutor, and there they stay. So, there is no division between a prosecutor who litigates and one who appears on pre-trial procedure.
The judges don't get PO'd about the overcharging either. The head prosecutor (elected official) is also not bothered.
Probably about 25% of the time, the complaint and/or police reports are substantially different than the version of events caught on video/audio tape. Maybe 5% of the time those differences are material. And the prosecutors here won't review the taped evidence unless I force them to. Generally, they listen to me. But, I've had motion hearings where the first time the prosecutor saw the tape was when I played it for the judge. Dismissed.
