Withness said they heard her call me baby during our issue she saying she didn't , that also stated we where arguing over her phone in I said it was my phone.
NO. Motion to Suppress is filed in an effort to demonstrate that evidence was obtained unlawfully, usually in violation of a costitutional protection. What you describe is a conflict in testimony between/among witnesses. Conflicts are what trials are all about and they are resolved by the jury.
Criminal Defense Attorney
A motion to suppress would not be appropriate. It is a trial issue for the jury to determine what he true statement was. You need the vest criminal attorney possible to be able to effectively examine and cross examine witnesses to show that reasonable doubt exists. Good luck to you.
You can file any motion you want, but I know of no attorney who would file a motion to suppress on this. A motion to suppress is used when the evidence is illegal; not when it is mistaken, wrong, or a lie. That is what trials are about.
I expect your lawyer already told you this. If you do not have a lawyer, you need one. Now.
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You lawyer would elicit all the facts on cross examination which tend to suggest why she may have heard it the wrong way and agrgue to the jury that she could have been wrong in what she heard.
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