If the identification is shaky to weak and the witness is also telling multiple stories could it be dismissed at the pretrial motion?
3 Answers from Attorneys
The prosecution has to deal with credibility issues but does not necessarily mean dismissal.
These are jury questions normally decided at trial.
Unless the prosecutor decides to drop a case or makes some very serious procedural mistakes, a case can only be dismissed if it is unsupported by law or the evidence is so weak that no reasonable person could possibly find the defendant guilty. A court will never dismiss a case just because the evidence is "shaky" or because a witness's testimony is inconsistent.
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