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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  8+ years defending Misdemeanor and Felony cases.
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whats the best way to attack a crim affidavid as to the facts

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whats the best way to attack a crim affidavid as to the facts sworn to...... in my case the arrest report says vic gave police my tag number......in depos taken she actually said cop was lieing she never said that .......what do u think motion to dismiss or motion to supress
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and concern. What is the defendant charged with in this case? Also, what was the basis of the stop, if a vehicle was involved?
Customer: replied 1 year ago.


no, im charged with robbery and poss of firearm.....well at depos yesterday the alledged vic testified to the facts on the arrest report were untrue....the cops said she gave my tag and discription in the report but she said that was untrue she never said that and i was SHOCKED ............a little background...day of event of said robbery she never reported it......she reported it 17 days later when i roll up to get gas and she took tag number and claims i was one who robbed her.....the cops claimed to have tape from circle k that would support her statement.....now they dont have it at discovary hearing or depos...thier stand is they dont have the tape and she said at depos that the arrest report isnt her statement to the facts that cop lied.. on her written and taped statements they never mention my tag .....i put in a motion to dismiss and but am open to other aves i could take

Expert:  CrimDefense replied 1 year ago.
Jess, thank you for the additional information. If she never gave the police your tag or any information, how did they find and arrest you? I certainly understand the conflicting stories by the police and victim, but an trying to figure out what the alleged information they received about the vehicle and tag, has to do with motion to dismiss. Are you just trying to get the case dismissed based upon the lie of the officer?
Customer: replied 1 year ago.

sorta....but more important i want to make him accountable for his lies cuz he did the same exact thig on another arrest 12 hrs after i bonded on the first charge he stated that vic gave my discription and tag number but on any written or taped session my tag never came up |||they nole pross that charge but are active on this one......i dont think that woman gave my tag till may 18th but claimed she was robbed may 4th......i wanna show a line of events that prove that he fabbed both reports or persue the fact now the information is tainted.......doesnt the DA have a duty to do the right thing in light of him witnessing the testimony from vic.....

Expert:  CrimDefense replied 1 year ago.
I do understand. The State Attorney does have to act in good faith and should not place a witness on the stand, who they know if not telling the truth. In a situation like the one you stated above, this will best be handled at trial, whereby you or your attorney, attack the credibility of the officer and show that he is lying and not a credible witness. As such, you will want to show that nothing the officer testifies to is the truth and if he is lying about this, he is lying about other things. Of course, the State may still proceed and allow the officer to explain the contradiction.Something to be aware of, is that the State will still have to have the victim testify at trial and identify you as the alleged robbery. The issue with the tag may only be an issue and basis for suppression, if it was the reason that the vehicle was stopped. It is clear that someone is lying but it may not result in the Judge dismissing the case, since it is up to the jury to decide, of who they want to believe. The State may actual attack their own witness and try to get them to explain why the story was changed and if they are being pressured or influenced in any way.

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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 17243
Experience: 8+ years defending Misdemeanor and Felony cases.
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