How Do I Get an Indictment Thrown Out Because Police Lied?
Full Question:
Answer:
The indictment is issued by the grand jury after presention of evidence by the DA. This gives the state the authority to charge and arrest the accused to stand trial. It is possible for the defendant's attorney to file a motion to dismiss the indictment before trial. If the judge decides the indictment is invalid, the case will not proceed to trial.
A motion to suppress is a request to a judge to keep out evidence at a trial or hearing, often made when a party believes the evidence was unlawfully obtained. The party making the motion often claims the evidence was obtained as the result of an unlawful search and seizure. Police lying to obtain a warrant may be the basis for such a claim.
The court decides this issue after a hearing in which the defense attorney cross-examines the officers involved in the case, and presents legal argument about why the evidence should be suppressed. If this motion is successful, the case may be dismissed entirely.