Legal Question in Criminal Law in Florida

supression of statement

If a witness against the defendent gives a deposition lies during a deposition, and they are proven to be lies, what step should be taken to either suppress their depo, or have it impeached?


Asked on 11/28/08, 8:58 am

2 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: supression of statement

Again, the jury decides what are lies. You cannot suppress a depo or a statement.

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Answered on 11/28/08, 9:14 am
Leland Garvin Garvin Law Firm

Re: supression of statement

The impeachment process would occur during a trial if the witness gives a different statement and they are then impeached with their prior inconsistent statement (such as their depo or police report etc.)

A statement can be suppressed if it is the defendant's statement and it was made after their constitutional rights were violated.

I am not sure if you have already retained a private attorney for this case.

If you would like to chat further, my office is here in Broward where I previously worked as a prosecutor.

-Leland 954.524.2424

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Answered on 11/28/08, 12:44 pm


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