How can we get this case thrown out? 1 Answers as of March 14, 2011My fiancée is incarcerated at the Meade County CF in Kansas, his charges are Aggravated Assault and Robbery. His son's mom is the one who made the charges but according to the police report the "assault" that occurred, when the officer got there she was fine and had the keys with her and the car that she claimed he stole. The officer said it was there for well over 4 hours after my fiancée left the scene. There is no evidence to hold him on the case, and the reporting officer who was covering the case is now in prison for aggravated assault & rape. I have called the Public Defender several times,not only has she not responded but she is not trying to help either. I called another attorney and was told the case could be thrown out. What should I do? I am 5 months pregnant I live in Philadelphia PA which is his home address and very stressed out.
Law Office of Phillip Weiser | Phillip L. Weiser
Getting a case "thrown out" may not be easy. Each case survives or fails on it's specific facts. The Prosecutor has the initial authority to file the case as they interpret the evidence, and then to follow through as the court allows. The Defense counsel should evaluate the case and evidence and present his arguments to the court if there seems to be a legal basis to show the case should not proceed. The Court should then determine if the evidence meets the legal standard to permit the case to proceed to trial.
Answer Applies to: Kansas