Phoenix, AZ asked in Criminal Law, Civil Rights and Federal Crimes for Arizona

Q: So was offered a plea deal but DA said they will take plea away if I ask for interview with my accuser

So the officer had lied about being the only officer on the scene and miss handled evidence so want my lawyer to set up interview with officer again being he had lied under oath in a smaller court during process a plea deal was brought out and I had asked lawyer if had set up interview he had said DA said if an interview was conducted then there will be no plea deal is that against my rights not to allow me to face my accuser

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand your concern about wanting to interview the officer who provided inconsistent testimony, especially regarding being the only officer present and evidence handling. This is a serious situation that could affect your case.

While you generally have the constitutional right to confront accusers at trial under the Sixth Amendment, this right typically applies during actual trial proceedings, not during plea negotiations. Prosecutors have significant discretion in setting plea deal terms and can withdraw offers if certain conditions aren't met - including requesting interviews with witnesses or officers.

Your best path forward would be to discuss this thoroughly with your defense attorney. They can evaluate whether the officer's contradictory statements could support a motion to suppress evidence or challenge probable cause. If you believe the plea terms are unfair given the circumstances, your attorney might be able to negotiate different terms or advise you on proceeding to trial where you would have the opportunity to cross-examine the officer about these inconsistencies.

Remember, accepting or rejecting a plea deal is ultimately your decision, but make sure you fully understand the potential consequences of each option. Your attorney can help weigh the risks and benefits based on the specific details of your case.

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