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Asking me while intoxicated not at the initial incident.

Pen Argyl, PA |
Filed under: Criminal defense

I was a witness to a case and the officers didn't ask me a single thing and barely wanted my Id after the incident. I was the reason it started in the first place. But a week ago while I was under the influence they asked me what happened. I finally had the chance to tell them and they seemed to be twisting it around like it was the defendants fault. Then I get a call I'm being subpoenaed to court and was told again if I remembered what I had told them while under the influence. After telling them the same thing they are making me feel as though I lied about the incident. Another officer who dropped off the subpoena told me the can give me a lie detector test in court. I feel very uncomfortable and wonder if the cop car was recorded. Could they use it in court? And see im truthful?

Attorney Answers 4

Posted

Lie detectors are not admissible in court. They can't tape record your voice without getting some court approval via a warrant. You should be given the opportunity to review your statement for accuracy.

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Posted

I confess I'm struggling to understand the circumstances you have described. If you've been subpoenaed you must appear at the location indicated at the appointed time. If called to testify, you are required to testify truthfully. No they can't make you submit to a polygraph examination anywhere, anytime. If you are concerned enough about the position you find yourself in, then I suggest you talk privately with one or more experienced criminal defense attorneys in your area.

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3 comments

Asker

Posted

I see how it is confusing. I was a witness to two guys fighting. And the reason it started but the night it happened they didn't ask me a single question. I literally had to shove my I'd in their hand so it would be on record I was there. This was over a month ago. Last week I was intoxicated and walking home and the cop from the initial incident pulled over and told me to get in cause it was cold and would give me a ride up the street to my house. When we got there he asked me what happened the night of the fight. What I don't understand is why hewaited until I was drunk to ask (i have seen him numerous times sober) what happened and if that is admissible in court. Since I was in the car was the conversation recorded and can they use that

Asker

Posted

...in court? Also he just called and said to me if I remembered what I said to the night I was intoxicated and I repeated to same story. He literally started arguing and asking other questions about the case over the phone. Then I asked why I felt he was pressuring me into saying things that weren't true to the officer who dropped the subpoena off and he said that if I lie on the stand they will give me a lie detector test. What do you think the best way to handle it is? Can they use a lie detector in court? Can they use the car or call conversation in court? I feel like they are pressuring me to believe what I'm saying is not true. I'm just wondering what the best way to go about it is because it's a small town and this officer doesn't seem to care to hear the truth.

William A. Jones Jr.

William A. Jones Jr.

Posted

I'm uncertain where you sympathies lie in this matter, not is it clear whether both individuals who were fighting were charged or just one of them. If you want you can bring this to the attention of either or both men or their attorneys. As I understand you gave two consistent statements so you should have nothing to worry about. The statements themselves are not going to be used in court, but you could be cross-examined about either or both if your trial testimony was different. You do not have to give the police any more statements or answer anymore questions if you don't want to do so.

Posted

Mr. Jones had it right and it would be advisable to consult with him. Good luck.

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Posted

You need to tell an attorney the whole story so he can figure out what to do for you. Whatever you do, dont lie to the police or make false statements. You can be arrested for this.

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