Legal Question in Criminal Law in Wisconsin

4 months ago a report was filed by a friend about domestic voilence case. Now the police officer has approached her and is requesting another report because they can't locate what she filled out that night. Now wouldn't the DA's office have a copy and why wouldn't they get that from them. He also told her he would advise and coach her on how to fill out the new one. Should she notify the public defender assigned to this case and let them know this information?


Asked on 12/23/09, 10:00 am

1 Answer from Attorneys

JAY Nixon nixon law offices

There are a number of reasons why the police or DA would want to re-interview a witness, including verifying that the case is provable, regardless of whether they have really lost the previous report or are only using that as an excuse for the new interview. You have not stated whether or not your friend wants this person to be charged and convicted or has instead reconciled with him and no longer wants to see him to be charged. Your friend should therefore consult with an independent attorney about her next move, after she makes up her mind. Witnesses can sometimes get themselves charged with obstructing an officer for lying if they significantly change their official stories in police reports without a legally adequate explanation. This is one reason why your friend should get her own independent legal advice; the public defender may not be representing her best interests but instead may try to help the client, even at the expense of the witness. Likewise, the DA's duty is to represent the public interest, even if that is contrary to the wishes of the victim. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you always more than welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also sometimes travel outside of Racine for initial consultations if necessary.

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Answered on 1/02/10, 12:12 pm


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