Legal Question in Criminal Law in California

motion to supress the evidence

during my motion my attorney failed to point out to the judge that the testimony given is conflicting with her report that she wrote . She lied during testimony , can be proven with her own report.Jury trial is being set and Im being told that its to late and I can't do anything about it. Is that true?


Asked on 6/09/08, 1:49 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: motion to supress the evidence

Inconsistency between testimony and a prior report is not a basis for suppressing evidence. It also does not prove that the testimony is a lie, or even that it was inaccurate. There may be some reason why the report is inaccurate instead. It's also possible that what you see as a conflict really isn't one. In situations like this the witness is allowed to try to explain any inconsistency. The law does not presume that either version is false, let alone that it is willfully false, and does not allow you to suppress the one you don't like.

Assuming that the witness testifies at trial as she did at the prelim, your lawyer will be able to impeach her testimony by pointing to her earlier, contradictory report. It will then be up to the jury to decide -- after hearing any explanation the witness might offer -- whether to believe either version.

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Answered on 6/09/08, 1:58 am


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