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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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I got a question please I got into some trouble and done a

Customer Question

Hello, I got a question please I got into some trouble and done a affidavit I was so messed up when I wrote it but the officer did not swear me in and it is not signed can this affidavit be used against me in court if I wasn't sworn in?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 1 year ago.

The affidavit cannot be used against you if you were not of sound mind at the time you signed it. However, you do not necessarily have to be sworn in to sign an affidavit, as long as the affidavit is witnessed and stamped by a notary. That said, since you were not of sound mind, your attorney can and should file what is called a Motion in Limine to exclude this evidence against you. When the motion is filed, a hearing can be held strictly as to this piece of evidence and whether it should be a part of the record and/or considered as to your guilt or innocence.

Let me know if you have any other questions or comments. Please also rate my answer positively (Three or More Stars) so I can receive credit for my work.

Best wishes going forward!

Customer: replied 1 year ago.
the affidavit just has my signuature it has no stanmp or witness sigunature but the other boy involved in this incident they signend his but there is nothing on mine just my signuatre that what I was wondering if there was not witness signuater could they use this affidavit against me thanks so much
Customer: replied 1 year ago.
sorry I misspelled some words
Expert:  Delta-Lawyer replied 1 year ago.

Based on what you have shared with me, they should not be able to use this against you for a number of reasons:

(1) It does not meet the standards of a sworn statement; and

(2) You were not of sounds minds, even if it did meet the other standards.

That said, in an abundance of caution, I would file a Motion in Limine to have it excluded, just to make sure they do not try to use this against you.

Let me know if you have any other questions (don't worry about spelling - no issue here).

Please also rate my answer positively. Thanks!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any other questions or comments. I want to make sure you are as comfortable as possible moving forward. Thanks