Legal Question in Criminal Law in Minnesota

I was a witness to an arrest of a friend. He was on the road and had a motorbike speed past him in Stillwater. Seeing that the police were definately going to give chase, he got of the road and up a bluff and stopped. The police of course didnt give chase of the other bike which sped off but followed him up the bluff. He was questioned if he was racing the other guy and the entire thing turned bad for him. The speed clocked apparently was 66 but there where two bikes. They grilled him about a whole load of unrelated things. When we reviewed the police report it was far from accurate. I am a visitor to the country and wont be around when this thing goes to court. I dont want to have to appear in court in person or via some other media, but i also feel that what happened wasnt right. Can i just give a statement to be used in his hearing? I could have this statement given in from of some legal office back home and have it witnessed?


Asked on 9/05/12, 4:56 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

No, an out-of-court statement is almost always inadmissible hearsay, and likely would be in this situation as well. Once he is charged, the lawyer may be able to set up a deposition or other in court hearing for the purpose of preseving your sworn testimony, under oath, with both sides having an opportunity to ask you questions.

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Answered on 9/05/12, 6:54 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

No. If the matter proceeds to trial, the only evidence allowed is through live testimony.

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Answered on 9/05/12, 9:16 pm


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