The police report that the opposing attorney is using is over 3 years old and the information was not reviewed at the time. However now that the information is trying to be used against me, I have seen the inaccuracies within the report used for an arrest. Is there anything that can be done. The report was done in the state of Florida at the time. It concerns domestic violence with their dad and the children were present at the time.
Are there any exceptions to juvenile court proceeding on this matter.
Your attorney should already know that a police report itself cannot be entered into evidence. However, its contents can provide good ammunition for your attorney to impeach the officer(s) if their testimony or the evidence presented doesn't match up with the report. If you do not have an attorney assisting you, get one NOW, as there are many other legal issues that you might not know about that the prosecutor will try to take advantage of if you go it alone.
M. Jason Rhoades
Criminal Defense Attorney
It is vital you seek an attorney to assist you immediately. I agree with the previous comments. Inaccuracies in a report could be as minor as mistake or as serious as deliberate falsification. Certainly, the officer's report is going to be that officer's source of his or her testimony. I agree in and of itself it will not be admissible in evidence, but an experienced attorney will know how to use it during trial to cross examine and potentially impeach witnesses with the relevant inaccuracies. Also, this document could be used during pretrial proceedings such as depositions to expose weaknesses in the prosecution's case which could result in a pretrial resolution to your case.
The answer provided is general advice and in no way should be interpreted as to constitute an attorney/client relationship. You should always speak to an attorney in person and in depth prior to taking any action in a legal matter.
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