Legal Question in Criminal Law in Ohio
If a witness statement was made by someone admittedly under the influence of marijuana be used against me in court?
Asked on 7/08/10, 11:19 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
There are many reasons why a statement might or might not be admissible. Whether the person who made it was using drugs at the time is not one of them. You should be able to point out the witness's drug use in order to attack his credibility and the reliability of his statement, but you won't be able to keep it out of evidence on that ground. The jury may decide to believe the witness's statement; after all, people who are under the influence of marijuana are still able to tell the truth.
Answered on 7/09/10, 12:29 pm
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