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  #1  
Old 12-28-2004, 12:36 PM
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Oath


What is the name of your state? Florida

I Have a question. I have a court report of an officer lying under oath about charges against me. If I use that against him will a case most likely get thrown out? I also have police reports and arrest reports and his investigating report which he lied on all of them. His story is different on all three.
  #2  
Old 12-28-2004, 01:35 PM
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How is it that you have a "court report" of such lies, but that he wasn't confronted with the error or contradiction on cross-examination?

- Carl
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  #3  
Old 12-28-2004, 01:52 PM
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Well lets see I was contesting a traffic ticket against an officer who filed charges against me which are refusing to sign a citation, and resisting arrest with violence. But while under oath the judge asked the officer what other charges came from this citation. The officer said refusal to sign the citation and resisting arrest without violence. See the officer lied under oath to the judge. And now i want to use that court report for my criminal charges I recieved.
  #4  
Old 12-28-2004, 02:00 PM
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Quote:
Originally Posted by stone_cold22
Well lets see I was contesting a traffic ticket against an officer who filed charges against me which are refusing to sign a citation, and resisting arrest with violence. But while under oath the judge asked the officer what other charges came from this citation. The officer said refusal to sign the citation and resisting arrest without violence. See the officer lied under oath to the judge. And now i want to use that court report for my criminal charges I recieved.
Huh?

You are charged with refusing to sign the citation and resisting arrest ... and the officer said this to the judge ... what exactly did he say that was a lie?

Oh ... I see .. you are saying that he told the judge that the offense was resisting arrest WITHOUT violence yet you were charged with resisting arrest WITH violence. If that's the case, talk to the DA as it is the DA that makes the decisions to file charges, not the police.

Your best case result here would then seem to be that the judge could have dropped the WITH violence offense to WITHOUT violence. So, you can appeal your conviction, I suppose.

- Carl
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A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 12-28-2004, 03:25 PM
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Quote:
Originally Posted by stone_cold22
I also have police reports and arrest reports and his investigating report which he lied on all of them.
When you say this officer lied, do you have witnesses to that effect?

There is a reason for the question.
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  #6  
Old 12-30-2004, 09:52 AM
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I have all his lies on tape while under oath in traffic court but, can I use that against him in criminal court?
  #7  
Old 12-30-2004, 10:13 AM
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Quote:
Originally Posted by stone_cold22
I have all his lies on tape while under oath in traffic court but, can I use that against him in criminal court?
The question was, do you have witnesses to the effect of the officer lying at the origin of the alleged lies? Witnesses to the original act? Not the testimony. There would be the judge and others witness that.
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The opinions herein above-made are expressly the product of personal experience and observation, in an open forum for discussion as to direction to an attorney. As with any possible legal cause, seek the advice of an attorney. Seek though, a qualified and competent attorney.

"I beseech you to treasure up in your hearts these my parting words. Be ashamed to die until you have won some victory for humanity." -- Horace Mann
  #8  
Old 12-30-2004, 10:43 AM
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My bet is that OP will not answer the question.

Any takers?
  #9  
Old 12-30-2004, 12:40 PM
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Quote:
Originally Posted by stone_cold22
I have all his lies on tape while under oath in traffic court but, can I use that against him in criminal court?
But WHAT did he say that was a lie? Mis-stating the title of a criminal code section is not a lie.

- Carl
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"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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