Legal Question in Criminal Law in California

first/second degree robbery:

if a victim/ (only)witness is telling one story on the police report and then tells 2 different ones at pretrial.....will they take it to trial? also there is no evidence and a positive id on 1 co d but not on the other and all three have has history.

Asked on 7/29/13, 10:22 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

I am nor the DA. I have no idea what she/he will do

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Answered on 7/29/13, 10:32 pm

Anthony Roach Law Office of Anthony A. Roach

The police report itself is inadmissible. If the witness testifies as to one round of events at trial, then your attorney will obviously want to impeach them with prior inconsistent statements. But the DA is also allowed to use redirect to rehabilitate the witness and/ or explain the inconsistencies.

Your attorney and the DA are in a better position to analyze whether the inconsistencies are significant or not.

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Answered on 7/30/13, 10:47 am

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