being charged for someone else’s crime.

i stated before that it was a known fact about finnley making the deal with the office because it was told to him and the polices already had him under survallience. Myers was asked to give him a ride to the store not knowing what was going on. Myers was outside of the vehical and finnley inside when police came. Finnley then pointed to Myers. On the discovier report it state Finnley talking to the officer. Why is Myers still being charged.

Asked on June 29, 2009 under Criminal Law, Florida

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Florida, based upon the additional facts that you have provided it sounds as if the State's case against Myers may be rather weak.  Of course, there could be additional facts which would suggest the contrary, however, there appears to at the very least be a defense worth possibly pursuing.  This defense, however, appears to rely in large part upon the "surveillance" that you refer to.  Are there recordings from this surveillance that exist, such as video or audio recordings?  If so, the defense is entitled to them pursuant to the doctrine of Brady v. Maryland.  In any event, these are complicated legal matters that require the advice of a competent attorney who has been retained to represent the interests of Myers arising out of this matter who knows how to obtain this potentially exculpatory material and effectively use it on his behalf.


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