
Originally Posted by
WriterGirl_15
... i dont know how a real court would deal with this (a witness turning out to obviously be the criminal) is there a certain procedure or something? ...
If at some point in the trial it is obvious to everyone that the defendant (the one on trial) is innocent, the first order of business is to dismiss the case. Either the prosecutor would do this without being asked, or if necessary the defendant's attorney would move to dismiss, or the judge would order the dismissal on his own.
Prosecutor: "Your honor, the prosecution moves to dismiss the case.
Judge: Motion granted. Defendant is to be released from custody."
Or
Defense Attorney: "Your honor, the defense moves to dismiss the case.
Judge: Does the prosecution object?
Prosecutor: Well, your honor, I, ... er ... don't ... know if this new evidence is, ... er, enough to ...
Judge: Motion granted. Defendant is to be released from custody."
In either case, a written order would probably be entered later.
Then it would be up to the prosecutor to charge the criminal/witness. Pending formal charges (a grand jury indictment might be desired), the criminal/witness would probably be arrested. If there is no police officer handy, the in-court bailiff might be asked by the judge to take him/her in custody while the police are called in.
Then, of course, normal procedure would apply with respect to a trial of the new "suspect". This would include appointment of counsel, arraignment (asking how the defendant wants to plea), etc. That would take weeks at a minimum, and probably months.
Pretty much the way it happens on television.