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Witness won't talk to police. Will a note to the lawyer work?

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krmruby

Junior Member
What is the name of your state? Washington

My dad is in a domestic violence dispute. There are five other tenants that live in the house with him including his girlfriend that the charges are from. I've spoken to one of the tenants and she has given me a lot of good information. I have a problem: she only wants to talk to the public defender. She won't talk to the police. Now, its great that she wants to help but the public defender is impossible to get a hold of. Now, could I ask her to write a note and I could give it to the lawyer the next time I see her? Would a note hold up in court?
 


CdwJava

Senior Member
krmruby said:
My dad is in a domestic violence dispute. There are five other tenants that live in the house with him including his girlfriend that the charges are from. I've spoken to one of the tenants and she has given me a lot of good information. I have a problem: she only wants to talk to the public defender. She won't talk to the police. Now, its great that she wants to help but the public defender is impossible to get a hold of. Now, could I ask her to write a note and I could give it to the lawyer the next time I see her? Would a note hold up in court?
No.

The note might be good for info, but it cannot be presented as evidence without foundation. And since a note cannot be cross-examined, the chances are great that the DA would want her to take the stand rather than allowing the note in as evidence.

So, if she has anything to say, she will have to take the stand at trial. And if she refuses to talk to the police, then it might taint anything she has to say.

- Carl
 

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