Q: What can my boyfriend do about his case where it is clear there is insufficient evidence for magistrate to send his case
the officers lying on the stand as prosecutions witnesses, the prosecutor and the judge saying he just got left holding the bag and is not the big fish, the co-defendant admitting that the bag was hers, the residue in a baggie and tiny mushroom found on him was thrown away by the officers searching him, he was asked by the officers if he would help co-defendant with her bags, he was let go by the officers 2 times but the third time he was stopped now after he helped the girl with her bag she handed him in front of the officers he was immediately put into handcuffs and officers said they stopped him a 3rd time due to a gun being found on the girl when she was arrested for false information and she told officers that he gave it to her, officers said he was only being detained, asked him to search he gave permission for search of himself and his bookbag but said could not give permission to search her bag because it did not belong to him and told the officer that he knows it didnt belong
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A:
It sounds like your boyfriend is in a difficult situation, but there are several things he can do to challenge the charges and the way the case is being handled. First, it's important that his defense attorney looks into the credibility of the officers' testimony, especially if there are inconsistencies or lies on the stand. The fact that the co-defendant admitted the bag was hers could be crucial, as it undermines the case against him.
Additionally, the search and seizure of his property need to be examined carefully. If he was stopped multiple times and detained without probable cause or his consent was improperly obtained for the search of the co-defendant’s bag, this could be a violation of his rights. His legal team should raise these issues to contest the evidence gathered during those stops.
Finally, the statement made by the prosecutor and judge that your boyfriend is just "holding the bag" could potentially be used to argue that the prosecution has no strong case against him. His defense attorney should push for dismissal based on insufficient evidence, particularly if the case hinges on unreliable testimonies and questionable actions by the officers. He should not be punished for helping someone when he was not fully informed of the situation or involved in any illegal activity.
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