Im 18 and I didn't make a statement. Two drunk people made false statements aggainst me stating i had pulled a knife on them and took a car without permission then wrecked the car and admitted they were drunk to the officer while making the statements. i was in the car as a passenger and left when they asked if i would say i was driving because i was sober and had a license i refused and left the accident to go to my moms house
one of them is 21 and on probation i believe for a felony and was drunk.
the other one is only 13 and was drunk.
i have charges pending they are for
A. Tampering with a vehicle 1st degree
B. Assault with a deadly weapon 2nd degree
C. Leaving the scene of an accident
Are their statements still credible in court
Credibility is an issue for the jury, and a subjective issue. I would say that they would tend to have relatively low credibility based solely on what you've said, but it's not as if the judge is going to throw them out of court for not being credible. That's simply not in his job description. Your lawyer should be able to damage their credibility in the eyes of the jury on cross examination, but if the prosecutor chooses to put them on the stand, that is his prerogative.
If those are the only two witnesses against you, a good lawyer should be able to make some headway for you with the prosecutor or with the jury if it gets to that point, especially on the first 2 charges. One thing is sure: having been charged with these offenses, you need to hire a lawyer if possible, or get a public defender if you can't do that.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship, nor should such a relationship be presumed until a written agreement has been signed to that effect by both parties. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the State of Missouri. Accordingly, before taking any action or refraining from taking any action, the questioner and any other interested party should consult with an attorney licensed to practice in his or her jurisdiction. This information is not intended as an advertisement. However, it should always be noted that the choice of a lawyer is an important decision and should not be based solely on advertisements.
As stated, witness credibility is to be determined by a judge or a jury. Remember, NEVER discuss your facts on the internet..EVER. Prosecutors can trace your IP address.
You need to hire an attorney who will make sure all the evidence is obtained in this case, so that a proper investigation can be done, and so that all of your rights are exercised.
It will depend on what the police report says. If the report states that
they admitted they were drunk at the time of the statement, then it may be
possible to prevent the statement from coming in for lack of capacity.
However, they could still take the stand against you. If they did so, they
could be impeached with the evidence that they were drunk. It would be up
to the jury to decide if they were credible.
The choice of an attorney is an important decision and should not be based on advertisements alone. This response does not create an attorney-client relationship; and this answer does not constitute legal advice. You must discuss the specific facts of your case in detail with an attorney.
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