Legal Question in Criminal Law in Florida

When a witness is impeached is there statement removed or stricken and is there a motion needed for impeachment


Asked on 10/04/19, 9:35 pm

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

It could be removed but usually it becomes a jury question.

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Answered on 10/04/19, 11:25 pm
Eric Trabin Lucid Legal, PLLC

Impeachment does not usually work that way. Impeachment is when an attorney confronts a witness to try and undermine their testimony. Ultimately it is left to the jury, or other tried of fact, to decide what is credible and proven.

For example, if a witness is saying the guy was wearing a blue shirt, but previously said the shirt was red, then a lawyer would impeach the witness by asking them about the prior inconsistent statement. Thus the witness is impeached but that doesn’t result in their testimony being thrown out.

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Answered on 10/07/19, 1:26 pm


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