home invasion

[EBRAVADA]

On a home invasion where the preps shot and seriously wounded a person. A mug shot book was brought in and the victim said one person looked like one of them. No one was brought in for line up. Couple months later victim came across a person he said looked very much like the perp and police were called in, they did come and talk to a person at the residence who claimed that no one was there earlier. The victim spoke to the detective on the case about bringing this person in for line up and he told us that the person they were looking at at the residence was in the mug shot book and there-for they could not now bring him in for a line up. Could someone please explain this to me as to why they can't bring him in. He has a very long rap sheet. Is there some law as to this??? Or please advise on what we can do to see that this matter does not get pushed aside. He and another perp tried to kill the victim, but the victim shot back and they had'nt figured on that. Please help.

 

[Tracey]

The rule on identifications is that the victim only gets one shot at making an ID. This is because the courts assume that the most accurate ID happens the first time V sees the defendant's face. V's memory is fresher & V has no preconceived notions whether the defendant is a criminal or not. Afterwards, V is pre-conditioned to identify D as the perp.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.