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If two friends are stopped for committing the same crime...*read details*

New York, NY |

If two friends are stopped for committing the same crime. One admits and the other denies. Can the one who admits testify whether or not the one who denies is telling the truth? Would his eyewitness account be considered permissible in court?

I thought maybe it would be biased.

Attorney Answers 9


  1. Yes---what it would be worth is a different question.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  2. It is possible. That does not mean that the testimony will be extremely helpful. That would depend on numerous factors.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  3. The DA could call the person who admitted as a witness but what is in it for that person?

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  4. Anyone's eyewitness account is permissible in court. It is up to the finder of fact (judge or jury) to decide how much weight to give to that testimony.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.


  5. Based upon the limited information provided (btw don't post any more details on a website such as this), I wholly agree with NY counsel who have responded thus far. The situation you ask about gets considerably more problematic if both friends have been charged with the same offense(s). If you or your friend or both have been charged you guys need competent legal advice without delay.


  6. :It probably is biased, but that goes to whether or not a jury/judge ought to believe it, not whether the testimony can be given. If you are one of these "friends," you should be talking to your own lawyer, not posting on AVVO.

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  7. Sounds like some kind of "thought experiment" or logic puzzle ("one of them is lying, and one is telling the truth, which one")?

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  8. While it is legally permissible, this usually only occurs where the admitting friend is cooperating with the State. The lawyer for the denying friend should be able to discredit the testimony based on the benefits being received by the admitting friend as a motive to lie.

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