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Can the victim and witness withdraw or change the statments they had said or wrote about a case I was charged with?

Salina, KS |

The court convicted me in trial based on the officer's testimony and a witness's statement. The victim did not write a statement but he did say something to the officer on the day I was charged (but that's hearsay I believe). The victim and witness did not show up to trial.

Attorney Answers 3


  1. there are several exceptions to the hearsay prohibitions that can apply. In some cases, prior statements that are not consistent with the witness/victim testimony at the time of trial are admissible and the finder of fact will determine which statement they believe is credible. Also, prior statements may be admissible if it is determined that you procured the witness' absence or if you had a prior chance to cross examine them regarding their testimony. It does not matter if it is a written or oral statement. however, the application of these rules are very fact specific and you should consult and attorney regarding what evidence may or may not be admissible at trial, and what if any credibility that tevidence will have.

    Kate Zigtema, kate@mandmattorneys.com Maughan & Maughan LC, KC Area - (913) 647-7567 ; Wichita Area : (316) 264-2023 Legal disclaimer: This communication does not create an attorney client relationship or confidential privilege. Communications on this forum do not constitute legal advice and are meant to provide general information. Individuals are strongly advised to consult an attorney for specific legal advice that is tailored to their individual situations.


  2. When were you convicted? Did you file an appeal? You have the right to consult other local criminal counsel if you feel the performance of your trial counsel was deficient. Here is one way to find a local criminal litigator: https://www.nacdl.org/About.aspx?id=20400

    http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.


  3. Your question is confusing -- while my colleagues have taken a shot at an answer, I can;t do it without understanding two basic facts -- were you convicted, and if so, when?

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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