I was arrested and the arrest affidavit indicates the the officer took "sworn statements" from three victims - each victim statement in the affidavit begins with "according to a sworn statement from [victim] . . . " and then goes on. These were verbal, recorded statements. The first victim was sworn in at the end of the statement - literally - the officer asked the victim at the end if she swears to everything she just said. The other two - there is no mention of being sworn at all - and both statements were taken over the phone from an out of state victim. What are the potential consequences for the officer, the affidavit and is there a body of law I can study regarding the issue? I am represented but am independently researching. Thanks!I should add that by "arrest affidavit" that was an affidavit filed along with a request for a warrant. Thanks!
So. What does your attorney think? Why don't you ask him/her? The attorney has the balance of the facts and the affidavits, I would believe, to look at and evaluate.
Affidavits and declarations are frequently sworn to at the end. Not like testimony in a court room. Also , from your post, sounds as if at least one person made a "sworn" statement.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Ask your attorney. He may say that it makes the officer impeachable, but this would be applicable at trial. I guessing you think the office should be fired and the case dismissed. That is not a typical outcome. If you trusted your lawyer enough to pay them give them the courtesy of trying to work out your case. If you are not happy you can always retain another.
http://www.defendme.net | The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.
Ask your attorney. As an aside, Florida law requires sworn evidence on each element of a crime before the State Attorney can file formal charges. So chances are the State Attorney will obtain sworn written statements before filing charges.
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