what is a credible witness? beware, im a little wordy.

[michiehutton]

What is the name of your state?What is the name of your state? california
hello, im new to this...and this site.i have 2 questions with im sure many more to come.1) how is it possible for a 2 time offending drug dealer to call the police and say he was robbed and then walk around the neighborhood,police have detained someone (my fiance)on another block so they ask the "victim" if this man with handcuffs on being pulled out of the police car is one of the men that robbed him....the "victim"who i might add had guns and a large quantity of drugs with a 3 year old little girl in the room and has stated that he has been up for 3-5 days high on meth...how can they arrest my fiance based on this drug dealers statement that "he was one of them"??? wouldnt he be considered an uncredible witness? since then the "victim" has re-canted his lie and told police,DA,judge(at prelim) that he was mistaken.now, nobody believes him.ok, so,they believe him when hes high and been up for 3-5 days and just been robbed but they dont believe him when he has realized (sober) that he has put someones life on the line and he doesnt feel right about lying???i hope this made some kind of sense,im really frustrated with this case.yes, my fiance has had problems and served time before but, he wasnt even near the place of the robbery.its not fair,we have had to sell everything because of this little kid who likes to be a dealer.$60,000 for a lawyer.i think it never should have gotten past the initial "do we have a case" phase.(oops, forgot what thats called)my fiance has been detained at county for 8+ months awaiting a trial.this is ridiculous.im upset and confused with our justice system.there is so much more but i think ive been a little wordy so ill end with just this question.any guidance out there?

 

[CdwJava]

"""") how is it possible for a 2 time offending drug dealer to call the police and say he was robbed"

Because even yesterdays criminals can be today's victims. They do not lose their right to call the police due to a previous conviction.

""""how can they arrest my fiance based on this drug dealers statement that "he was one of them"???"

Because he identified your fiance as the robber. That's why. If its not true, then his attorney can raise the issue of crdibility in court. But, the police cannot tell the alleged victim that because of his past, they are going to assume he was not robbed and that his ID is false. It might make our jobs easier - and the crimes statistics would drop as we would take fewer reports - but it would not be right.

""""wouldnt he be considered an uncredible witness?"

Possibly. IF his past could be admitted in court.

""""since then the "victim" has re-canted his lie and told police,DA,judge(at prelim) that he was mistaken.now, nobody believes him."

he's already been arrested based on probable cause. They will likely wait for a judge to decide if there is insufficient evidence to go forward. And it sounds like even the judge didn't believe the 'victim' and his recanting. So, it may have to go to court after all.

""""ok, so,they believe him when hes high and been up for 3-5 days and just been robbed"

And you KNOW he was high at the time of this incident ... how?? My guess is you do not KNOW this, you only suspect it. You may be right. On the other hand, if I had a nickel for every time someone points at another person and says they MUST be high (when they are not), I'd be able to retire!

""""yes, my fiance has had problems and served time before but, he wasnt even near the place of the robbery"

So, your fiance's past problems should not be held against him, but the victim's has to be held against him?

Isn't that a double standard?

And if he wasn't near the place of the robbery, then hopefully he can prove that in court.

""""$60,000 for a lawyer"

Where did you get THIS guy! And how on Earth could you pay for that!?

Thi sseems like an absurdly astronomical amount of money for a case that has not even gone to trial yet!

As for guidance, I can only say that his lawyer may have his work cut out for him. If the 'victim' and the 'suspect' are both felons, then this may well be a truly hellish situation where nobody will be believable.

Carl

 

[pijoe]

If the witness has prior convictions for crimes of dishonesty, then his credibility can be impeached in court. It seems you need a good lawyer. $60,000 is way out of here. This is a matter of a lawyer calling the prosecutor and showing him what a lousy case they have.