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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27755
Experience:  Active member of the NYS bar since 1989
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How do i handle a case where the arresting oficer lied on

Customer Question

how do i handle a case where the arresting oficer lied on the whitness stand
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: I was recently recently found guiltty of a dui where there was no alcwhohol involved.The arresting officer lied on the whitness stand.My attorney turned out to be big buddies with the officer and did not press him. I am guilty of taking over the counter allergy meds.
JA: Have you talked to a lawyer yet?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I had been in the hospital all night the night before trying to get my blood sugar up. I had had nno sleep.It took 4 years for this case to come to trial
Submitted: 1 month ago.
Category: Legal
Expert:  Zoey, JD replied 1 month ago.

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey, JD replied 1 month ago.

It's not unusual for a prosecution witness, especially a police officer, to testify to facts that fit the prosecution's case, whether his memory is faulty or he's deliberately lying. Regardless of why the testimony is inaccurate, the matter is addressed on cross-examination, where a lawyer tries to elicit different facts so that he can argue to the judge or jury in his summation that the officer's testimony should not be believed.

If that doesn't work, you can get convicted, which is what happened to you. The finder of fact chose to believe the officer as to your having been drunk at the time of your arrest. All you can do then would be to appeal the case on the grounds that your lawyer provided ineffective assistance by failing to aggressively cross-examine the officer whose testimony convicted you.

Expert:  Zoey, JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.