Q: Can one have a case dismissed if city attorney lies to the court for a change of a trial date?
Audio recording from city attorney saying emergency surgery, I have proof the city inspector was in the Philippines visiting his new internet girlfriend. Code violation and years of being harassed by the city. Lies on the probable cause. Not on the city hit list of violators, no complaints, no pictures, added to citations as they sent them, contradict themselves in the PC. etc. My favorite is where the inspector says "HAD BEEN", had been, because the hut was removed YEARS ago.
A: You can certainly make such a motion, but that doesn't mean that the motion to dismiss is going to be granted. The worst that the Court can say is no.
A: In my opinion, a documented lie by a city attorney that is unrelated to the factual basis for a criminal charge probably would not directly result in the dismissal of that charge. This is especially true if if there is probable cause and corroborating evidence to support the charge (a city attorney's wrongdoing will not erase a defendant's wrongdoing in the eyes of the court). However, a verifiable lie to the court by a city attorney would certainly raise questions about the integrity of that attorney, which would then raise questions about the veracity of the information that the city attorney has presented in support of their case. Any officer of the court who is comfortable telling a lie of that magnitude just to get some extra vacation time is probably not averse to lying in other aspects of their case.
Robert Kane agrees with this answer
A: No, a case will not be dismiss a case if city attorney lies to the court for a change of a trial date. The continuance would have been denied, but little more than a shot to his credibility. Can you prove the attorney knew? Maybe that's what the city inspector told him. Maybe he had surgery too? I seriously doubt city attorney is not going to risk his entire career so the city inspector can go meet his new girlfriend in the South Pacific.
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