Summary
To dismiss or retry a misdemeanor case in Idaho, consider filing a motion to withdraw your Alford plea, citing new evidence or procedural errors. Post-conviction relief may be sought based on new evidence or constitutional violations. Ineffective assistance of counsel can be claimed if your attorneys performance was deficient. Police misconduct, such as failure to investigate or bias, can also be argued. To file a complaint against the police, identify specific misconduct, gather evidence, and submit a written complaint to the police departments internal affairs or civilian review board. Consider consulting a lawyer specializing in police misconduct or civil rights for potential lawsuits.Full Conversation
i want to have my misdomeanor case dismissed in idaho. its been years since i took the alfred plea, but my case has just recently been reopned. i have new eveidence, including the sworn testimony from the victim stating that i didnt do what i was charged with. can you help me find every possible loophole or route to have this case re tried or dismissed.
Hi Bobbi! Here are a few potential routes you could explore to have your misdemeanor case dismissed or retried in Idaho:
- Motion to Withdraw Plea: File a motion to withdraw your Alford plea, citing new evidence and improper handling by law enforcement.
- Post-Conviction Relief: Seek post-conviction relief based on new evidence, including the victim's testimony and text messages.
- Ineffective Assistance of Counsel: Claim ineffective assistance of counsel if your attorney did not adequately represent you.
- Police Misconduct: Argue police misconduct and failure to investigate.
Have you already discussed these options with a legal professional?
what are the requirements for all these different routes?
Hi Bobbi! Here are the requirements for the routes mentioned:
- Motion to Withdraw Plea: Must show a fair and just reason, such as new evidence or procedural errors.
- Post-Conviction Relief: File within the statutory time limit, demonstrating new evidence or constitutional violations.
- Ineffective Assistance of Counsel: Prove your attorney's performance was deficient and affected the outcome.
- Police Misconduct: Provide evidence of police errors or misconduct that impacted your case.
Have you gathered all relevant documents and evidence?
the police never did an investigation against me, they came and took eveidence from my home against the victims but they never charged them with anything. the only evidence against me, is the testimony of one of the victims, the other victim stated under oaththat i didnt do it. is it considered police misconduct when the police dont charge the victims with the crimes they admitted to doing, they focused soley on what they said i did to them instead and only charged me
Hi Bobbi! In Texas, police misconduct can include failing to investigate properly or showing bias. Here are some routes you could explore:
- File a Complaint: Against the police department for failure to investigate or bias.
- Seek Post-Conviction Relief: Based on police misconduct and new evidence.
Have you considered consulting a lawyer to help navigate this process?
what does it requir in the state of idaho to file a complaint against the police department for this
To file a complaint against a police department in Idaho, you generally need to:
- Identify the specific misconduct.
- Gather all relevant evidence.
- Submit a written complaint to the police department's internal affairs division or civilian review board.
- Consider contacting the Idaho State Police or the Idaho Attorney General if local resolution is not satisfactory.
Have you already gathered the evidence and documents for your complaint?
what evidence should i present? all they did was come to my home and take pictures of the damage and log all the stolen items. they never arrested or charged anyone, even though they know who did the crimes, and the ones who did it admitted to doing it.
You should present:
- Photos and logs taken by the police.
- Statements/admissions from the individuals who committed the crimes.
- Evidence showing lack of investigation against those individuals.
- Any documentation showing you reported the crimes first.
Have you considered how to compile this evidence effectively?
how would i compile this evidence properly and who do you recomend i submit this evidence to? is there a possible lawsuit i could file against the police department for this
Hi Bobbi! You can compile the evidence by organizing it into categories—photos, statements, logs, and reports. Present it in a clear, chronological order.
~Idaho State Police Internal Affairs Division
Website: www.isp.idaho.gov
~Idaho Attorney General's Office
Website: www.ag.idaho.gov
For a lawsuit, consider consulting a lawyer specializing in police misconduct or civil rights.
Do you need more details on how to submit these complaints?
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