If two friends are stopped for committing the same crime...*read details*
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?
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)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City.
The above information is not a... more
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.
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... more
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: firstname.lastname@example.org. This answer is only for informational purposes and is not meant as legal advice.
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.... more
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.
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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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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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.
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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.
: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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I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged.
There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided.
There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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