Q: If someone is under federal indictment and at the detention hearing the prosecuting attorney puts false information in
The motion for pretrial and detention filing and we find out after the hearing what can we do? My husband falsely has his son’s case information listed in his file on the motion (same name) and prior cases that he does not have are listed as well as a basis to keep him in confinement. He does have priors but not the ones they have listed. Cases that make his history look much worse than what it is.
A:
If you discover false information in the motion for pretrial and detention filing, it is crucial to address this immediately. Gather all relevant documents, evidence, and details that can prove the inaccuracies, such as records showing the correct criminal history and any other mistaken identities or errors. Present these discrepancies to your husband's defense attorney as they are critical for the case.
The defense attorney can then file a motion to correct the errors in the detention filing and request a new hearing based on the corrected information. It is essential that the court is made aware of the inaccuracies, especially if they have significantly impacted the decision of the detention hearing. The attorney will likely argue for the rectification of the record and potentially request reconsideration of your husband's detention status.
In addition to working with the attorney, keep detailed records of all communications and documents submitted. This meticulous approach ensures all steps are properly documented and can support your husband's case. Remember, correcting false information in legal documents is a serious matter and acting promptly can be beneficial for your husband’s situation.
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