Legal Question in Criminal Law in Pennsylvania

Investigation Error?

I was accused of a crime in which I have 6 witness's who can put me somewhere other than the crime scene. I told police this but they neglected to speak with those 6 people. They never even bothered to ask if I could prove I was somewhere else. Now I have to go to trial which probably could have been avoided if they did there job. Is there anything I can do about this? Any help would be greatly appreciated.

Asked on 2/14/07, 6:30 pm

2 Answers from Attorneys

William L. McLaughlin, Jr. McLaughlin Law Offices

Re: Investigation Error?

There is really nothing you can do.

Let your defense attorney handle it.

Get statements from the witnesses so that they can be presented to the

District Attorney, and maybe they will

give up on the prosecution. I do

civil rights work and it is almost

impossible to even hold the cops liable dispite a crummy investigation that costs you thousands and causes all kinds of inconvenience.

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Answered on 2/15/07, 1:09 am
Brian Zeiger Levin & Zeiger LLP

Re: Investigation Error?

Your attorney can file alibi notice. By filing said notice with the court, the district attorney assigned to your case will receive a copy of the notice. THe notice will include all of the 'inestigation' in your case. If the district attorney chooses, she can go and investigate or not.

The reason the DA may not investigate, or the cop may not have investigated, is because they simply don't care. They believe that you committed a crime and they want to see you get punished for that crime. By filing alibi notice your lawyer is alerting the judge to the idea that you have witnesses that will testify that you were not present at the time of the incident.

Contact your lawyer and tellt hem you want an alibi defense and you want alibi notice filed.

Email or call if anything i have written is unclear or you have any additional questions. Good Luck.

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Answered on 2/14/07, 7:34 pm

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