Legal Question in Criminal Law in Florida
comparing depos and police reports
The Victim in our case told a story about being molested back in Jan and then was depositioned by our attorney 10 months later. She told 2 different stories and lies multiple times, which is proven if you read the 2 statements. Aside from going to trial, what can be done about this?
2 Answers from Attorneys
Re: comparing depos and police reports
Although the stakes are high at trial, inconsistent statements are some of the best impeachment material. Depending on the age and acumen of the victim and his or her ability to recall details and facts, a trial in this situation may be unavoidable. That said, however, the prosecutor should have read the two statements and realized the weakness of the case.
Re: comparing depos and police reports
Sorry, you will have to go to trial unless your attorney can convince the State to drop the case. A motion to dismiss is inappropriate in these situations, since there is a question of fact & that always goes to the jury.
Good luck!
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