QUESTION
If the date on a video of the burglary is different in the result of the report, can the case be dismissed due to the report says it was the next day?
Asked on Sep 20th, 2013 on Criminal Law - Utah
More details to this question:
If they have a statement from a person who has lied once dealing with the same crime, can the person not be used due to the fact he has already gave the police a false statement?
6 ANSWERS
One simple error such as the wrong date is not likely to have your case thrown out because they can use the concept of incorporation by reference to show that the date was already incorrect, but what the actual date should have been.
Answered on Sep 25th, 2013 at 2:45 AM
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Probably not. The video player may not have the date accurately entered.
Answered on Sep 25th, 2013 at 2:25 AM
That really depends on how good your lawyer is.
Answered on Sep 24th, 2013 at 12:30 PM
Thomas Edward Gates
His statement can still be used. If you go to trial, your attorney can try to impeach his statement.
Answered on Sep 24th, 2013 at 11:56 AM
Michael J. Breczinski
The date on the report is probably a typo and will not cause the matter to be dismissed. They can use the person who has lied but they can be cross examined about the lies in front of the jury in order to discredit them.
Answered on Sep 24th, 2013 at 10:55 AM
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That would probably be up to the prosecutor. Most judges would not automatically exclude a witness based on what you described. Hire a lawyer immediately to help show the problems with the report and witness.
Answered on Sep 24th, 2013 at 10:02 AM