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?

New York, NY -

Attorney Answers (9)

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Criminal Defense Attorney - Garden City, NY
Answered

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... more
Howard A. Schwartz

Howard A. Schwartz

Criminal Defense Attorney - Brooklyn, NY
Answered

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
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

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
Richard C. Southard

Richard C. Southard

Criminal Defense Attorney - New York, NY
Answered

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.

All answers are for information purposes only. Answering this question or any future questions does not form any... more
Jack Richard Lebowitz

Jack Richard Lebowitz

Litigation Lawyer - Glens Falls, NY
Answered

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

This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more
Macy Michelle Jaggers

Macy Michelle Jaggers

Criminal Defense Attorney - Dallas, TX
Answered

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... more
William A. Jones Jr.

William A. Jones Jr.

Criminal Defense Attorney - Wexford, PA
Answered

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.

Michael Douglas Shafer

Michael Douglas Shafer

Criminal Defense Attorney - Norco, CA
Answered

It could occur.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Criminal Defense Attorney - Madison, WI
Answered

: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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