Legal Question in Criminal Law in New Mexico

Will they use this in court...?

He was set-up by the drug task force, in Santa Fe, New Mexico.

He was not within 45 ft from the drugs he was charged with. Carl confessed to trafficking methanphetamines so the police would let his girlfriend go. She then signed a written statement saying he did in fact tell her to take the drugs to the bathroom. And that they were there to make a sale. his case was dissmissed w/o prejudce and he just received his target letter...will they use that written statement in court??


Asked on 8/20/06, 12:07 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Will they use this in court...?

Written witness statements are generally not admissible in courtroom proceedings because they violate the Constitutional right of confrontation with witnesses. There are exceptions when the witness cannot be located or for some other reason is not able to testify in person.

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Answered on 8/20/06, 1:47 pm


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