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.
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.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
--- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
--- Talking to the Police - Advice from Lawyers and Police
--- Miranda Rights (and Wrongs)
Confidential information should not be disclosed in this Internet forum.
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.
This AVVO Answer is provided for general educational purposes only.
Click on the “more” link below for more important information about the answer and AVVO.
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
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.
The information presented here is for informational purposes only and does not constitute legal advice. The Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.