If the Prosecutor admits to the defense attroney they have no evidence to convict, must a trial still be held?
Question Details:
The prosecuting attorney has informed a defense attorney that he has no evidence to convict his client. They only want to force a trial in hopes the defendent will accept a lesser charge. That even if that doesn't happen, the prosecuting attorney would rather go to trial. knowing they will not win, and continue putting physical, mental and emotional pain on the accused, rather than just drop the charges. Is there any Arkansas State Statutes/Laws/Codes, or Federal lws that could end such a nightmare?
Criminal Defense Law Answers
I am a lawyer in CT and practice in this area of the law. Vexatious litigation and abuse of process are causes of action that are filed after you successfully defend yourself. in orther word, if you are prosecuted by the state and you win, you may file a lawsuit against the state for a civil rights violation and claim that the state had no probable cause to convict you of the charges. If you can show that the state had no probable cause and you prevailed inthe underlying action against you, then you may seek damages.
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