Legal Question in Criminal Law in Florida
In a criminal case if a victim is given there previous statement during a deposition to read over should that witness be deposition be dismissed from the case
Asked on 9/12/12, 11:20 am
2 Answers from Attorneys
Joseph Justice
The Justice Law Firm
No. The constitution guarantees the right to confront any accuser in court. The deposition is just sworn testimony done outside the presence of the defendant during the discovery process.
Answered on 9/12/12, 11:24 am
Eric Trabin
Lucid Legal, PLLC
The witness won't be dismissed for making prior inconsistent statements. The defense will be allowed to impeach the witness with their prior statements and the jury can decide on how credible the witness is, but the witness won't be excluded.
Answered on 9/12/12, 12:38 pm
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