Court proceedings sometimes are tricky especially when it comes to judges, passing judgment on something that you think is clearly wrong. Despite availability of hard evidence, there are some cases where the judge’s decision is final and no form of appeal reverses the conclusion. This is just how the law works, unfair at time but it is the fact.
The law guides legal arguments and there is a point where you have no allowance of overstepping as a complainant. One such argument is in the case where government evidence is not sufficient to warrant the prosecution of an individual. This normally happens in a federal court. Everyone else may be in agreement for more proof from the government’s evidence desk. The prosecutor disputes the logic behind more evidence provision.
More often than not, the tendency is to file for a pre-trial motion for dismissal of case due to the lack of enough evidence. What seems obvious to a majority of common people may have a varied perception by the judges. This is whereby they rule in favor of the prosecutor and nothing can change it. Though it rarely happens, individuals should learn to tell when you have reached a dead end to avoid wasting time on matters that will not change.
There are reasons as to why you should be hesitant to file any claims of dismissal. The first reason is simple such that you do not want to be the hand behind disputing the government. They could as well find the evidence that you are arguing on and this will spell trouble for you. Secondly, the law is against dismissal motions on evidence grounds. It does not matter whether the evidence is clearly undisputed; the law is rigid at times. The government may not be against the move of pre-trials and in fact may even encourage you to go for it. The problem is that the entire process is wrong and will lead to judgment that will not be in your favor.
The third reason is to avoid the case of double jeopardy. The government may be pushing you to file for pre-trial yet they know it is not allowable to contest. The double jeopardy bar disallows for government appeals of a judgment. This means that you are to pay for being ignorant; this is not the judge’s fault.
3,127 total views, 2 views today