Legal Question in Criminal Law in Florida

detective credibility

The lead detective on my brothers case wrote a probable cause affidavit at the time of arrest that stated my brother confessed to some charges,which he clearly denied in his statement.This detective was depositioned by the attorney and now admits he did not admit to the charges she originally said he confessed to.Is there any motion to file or any way to attack the detectives credibility pre-trial? Our attorney has never encountered this.


Asked on 7/18/09, 8:21 am

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

Re: detective credibility

Have been to every conference between your brother and HIS attttorney? Are you the one facing a possible loss of liberty because of the accusations? Are you the one that paid for this attorney? My point is, it should be your brother asking these questions of his attorney, not you, even if you are the one who paid for him. There is no way you can know all the facts of what's going on. I really find it hard to believe that, unless this is his first case ever, the attorney has never encountered a lying cop and doesn't know how to attck the lies. This lawyering 101. If that is the case, you MUST fire him and get another one. And it's not "our attorney," It's your brother's attorney.

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Answered on 7/18/09, 9:05 am


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