Legal Question in Criminal Law in Alabama

can prosecutors & investigators use a statement by me in which they gathered, and at that time, I was in jail and overheard an inmate release incriminating evidence, half-way admitting guilt, and I was asked to tell them what he said, but now his trial is coming up, and I dont think he is guilty. Can the prosecutors use my statement with out my consent in discovery?


Asked on 3/02/10, 8:23 am

1 Answer from Attorneys
William Pfeifer Pfeifer LLC

They can provide your statement in discovery, but to use it at trial they will have to put you on the witness stand. If you do not want to testify, then they will subpoena you to court and force you to testify if they think your statement is important enough to their case. If you are trying to retract your statement, I would encourage you to go discuss the situation with your lawyer to make sure you don't get yourself in trouble in your efforts to get out of testifying.

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Answered on 3/15/10, 6:15 am


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