The Mosley Law Offices

Result: All counts dismissed.  Grounds: Want of Prosecution - Because the state did not come forward with the witnesses needed to prove its case, the Judge dismissed it.  (An outcome like this is a good reason not to be too quick to plead guilty.  Because each case must be independently analyzed by competent counsel, this should not be taken as advice.  The point is merely that as a matter of legal theory or jurisprudence, an attorney will often consider what the state is going to present to prove its case or whether there is anything the state can present.  If there is nothing or not much, an attorney would likely advise a defendant that he should consider that he has a Fifth Amendment right not to incriminate himself.  A motion for discovery was filed in this case to obtain the evidence the state planned to use for its prosecution.  A motion in limine was also used to seek to have information that was believed to be hearsay and more prejudicial than probative excluded.