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domestic violence help

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mzbhvnblkguy

Junior Member
What is the name of your state (only U.S. law)? California

My girlfriend was interviewed by police after she had told the hospital staff that her injuries were not due to domestic violence multiple times. They gave her morphine for her headache and so she could "calm down". After the morphine was administered to her the police office began interrogation on her. Statements that were gathered were used to arrest me for felony domestic violence.

My question is.....
Can statements taken from someone under the influence of morphine be considered fit and reliable evidence?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? California

My girlfriend was interviewed by police after she had told the hospital staff that her injuries were not due to domestic violence multiple times. They gave her morphine for her headache and so she could "calm down". After the morphine was administered to her the police office began interrogation on her. Statements that were gathered were used to arrest me for felony domestic violence.

My question is.....
Can statements taken from someone under the influence of morphine be considered fit and reliable evidence?
That is something that your attorney should use to discredit her statements to the police if it goes to trial.
 

CdwJava

Senior Member
Of course, if she has injuries that are inconsistent with her story to medics then it may come to naught.

I had one woman with a broken collar bone and a separated shoulder allege that it happened when she fell at a dance ... I had a line of doctors and experts set up to testify that the injuries could NOT have happened as she alleged. Ultimately her abuser got five years.
 

mistoffolees

Senior Member
Of course, if she has injuries that are inconsistent with her story to medics then it may come to naught.

I had one woman with a broken collar bone and a separated shoulder allege that it happened when she fell at a dance ... I had a line of doctors and experts set up to testify that the injuries could NOT have happened as she alleged. Ultimately her abuser got five years.
Yep. There may be sufficient evidence even without her testimony.

If OP is charged with something, he needs an attorney.
 

CdwJava

Senior Member
And if her statements even under morphine told a tale consistent with her injuries, then they may well be just fine and dandy.

The defense can certainly raise an argument that she was drugged and open to suggestion, but it may all depend on whether or not the interview was recorded or not, too.
 

mzbhvnblkguy

Junior Member
She had a head injury from falling. A small lump and swelling. The police say that she claimed she was punched multiple times and was kicked multiple times while on the floor. She said that she doesn't remember anything from the interrogation but the cop asking her name and what happened. She went to talk to the DA and they aren't trying to talk to her, they tell her to get a lawyer. A lawyer I had spoken to says that there is enough present for charges to be dropped all together. My girlfriend is going to testify I my defense. This is complete bull. Why is it that the real criminals walk free all the time...?
 

CdwJava

Senior Member
I suspect that the story of her fall is not consistent with her injuries. The "I fell" claim often fails to hold up when you do an objective review of the injuries. Or, the fall could have caused the injuries if there was some assistance in the fall.

In any event, it sounds like the state doesn't buy her new claims. And, since some 75% of DV victims recant anyway, they were likely expecting that to happen.

Your attorney will almost certainly use her to your advantage. And if she changes her story on the stand, she may very well risk going to jail in your place as the state may argue that she was either lying the first time or lying at trial ... yeah, she might want to consult an attorney of her own before she takes the stand to change her tale.
 

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