Thursday, November 24, 2011

Can a police report be held against a witness as evidence in court?

if I gave a police report of a felony criminal offense which I am not even sure took place and am now being subpoenaed for as a witness can that police report be held against me as evidence of my knowledge? Can I just claim "the 5th" and"I don't recall" and observe my right to silence on the grounds that I may incriminate myself or my common-law life partner/wife? I also have a typed letter from my psychiatrist stating my many mental conditions, is that enough to prove me incredible?|||yes|||So, what crime did you commit which you would have to testify against yourself in order to present your testimony? The 5th Amendment protects you from having to testify against YOURSELF, you can still be compelled to testify against others. If it is your wife, either through marriage or if you meet the requirements for a common law marriage, then the defense attorney can put in a motion to exclude you under spousal privilege.|||A police report is a statement before an officer of the law. You may always plead the 5th, but the report will be entered as evidence of your eye witness account. Consult a lawyer.|||Court will decide admissibility as to rules of evidence and depending on strength of prosecution's argument for permissibility against defense's argument to suppress. Research "excited utterance" protocol.|||Court will decide admissibility as to rules of evidence and depending on strength of prosecution's argument for permissibility

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