Tricking a Defendant Into Making Statements About the Alleged Offense
My question involves criminal law for the state of: Missouri
Timeline
Altercation happens.
3 days later
Mother of alleged victim shows up with Officer --- Mother gives only statement to the Officer about the Altercation..... Soon to be defendant knows nothing about this.
3 WEEKS later
Mother messages soon to be defendant trying to deceitfully entice them into saying something that would convict the soon to be defendant which is later used at States evidence.
(even though it states defendant done everything he could to keep the victim from attacking)
3 WEEKS later
Alleged victim, Mother, and the same Officer show up to defendants business together with no notice, bc defendant messaged the mother saying that her daughter had some paper work still here and that the defendant would mail it to them if they like, but needed it gone.
That day victim presses assault charges, and a 2nd degree domestic assault warrant is issued a few days later
Defendant still clueless finds out there is a warrant for their arrest
Should victims mother's statement of the altercation be admissible in court, and is it not a felony for the mother to entice in a deceitful way the soon to be defendant?
Re: Does This Qualify As Witness Tampering
Defendant is defendant, not witness, so there is no witness tampering.
And if defendant opened his yap and incriminated himself that's on him. Nobody else did anything wrong.
Defendant needs a lawyer ASAP.
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Junior1
Defendant still clueless
You got that right.
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Junior1
Should victims mother's statement of the altercation be admissible in court,
Yes, if she witnessed the altercation.
No, if she didn't witness the altercation.
However, she can probably testify to any admissions made by the defendant.
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Junior1
and is it not a felony for the mother to entice in a deceitful way the soon to be defendant?
No.
Re: Does This Qualify As Witness Tampering
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adjusterjack
Defendant is defendant, not witness, so there is no witness tampering.
And if defendant opened his yap and incriminated himself that's on him. Nobody else did anything wrong.
Defendant needs a lawyer ASAP.
Is there not such a thing as defendant tampering? The defendant didn't say anything incriminating, but the State is still using it for evidence. Defendant has a lawyer but can tell no one involved really gives a ..... about anything.
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The mother didn't' witness the altercation. The mother arrived three days later with the officer. Mother was the only one to give a statement as to what happen the night of the altercation. Victim presses charges 6 weeks later. Mother and victim live 500 miles away.
Re: Does This Qualify As Witness Tampering
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Junior1
Is there not such a thing as defendant tampering?
No.
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Junior1
The defendant didn't say anything incriminating, but the State is still using it for evidence.
Well, the state must think it's incriminating. Eye of the beholder and all that.
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Junior1
Defendant has a lawyer
Rely on the lawyer for guidance and a defense but don't expect hand holding.
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Junior1
The mother didn't' witness the altercation. The mother arrived three days later with the officer. Mother was the only one to give a statement as to what happen the night of the altercation. Victim presses charges 6 weeks later. Mother and victim live 500 miles away.
There's a contradiction there. If the victim was successful in getting the authorities to prosecute, then the victim had to have made some sort of statement. Unless the victim is a minor and then it's OK for the mother to get involved. But the victim would have been interviewed by the authorities anyway.
Re: Does This Qualify As Witness Tampering
No contradiction. The only statement the victim made was 6 weeks later when the charges were being pressed. Not only did the defendant not get questioned by the officer about the altercation after it happen or even 6 weeks later when the officer was at my shop, but the officer also when he was at my shop asked me if I would sign a title I was on where me and my ex had bought a truck together and were both on the title. When the officer asked me I told him I wouldn't sign it bc I had paid for half of the truck and rather take it to civil court. After the three left they filed assault charges that day, and the following day the officer files probable cause of a felony robbery stating that I forcibly made the victim put my name on the truck. Officer never asks or mentions anything to the defendant.
Defendant a few days later sees two felony warrants for assault and robbery and has no idea how or why.
Re: Does This Qualify As Witness Tampering
Get a lawyer to defend you.
Re: Does This Qualify As Witness Tampering
What you have to understand is that the police have no obligation to discuss charges with a suspect or even question a suspect.
It also doesn't matter how long it takes for the victim to make a statement.
If the charges are bogus, your lawyer will address that at trial.
All I can tell you is stop talking to anybody except your lawyer.
Re: Does This Qualify As Witness Tampering
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Junior1
Victim presses charges 6 weeks later..
Incorrect. The state prosecutes the charges. The victim is a victim and a witness at this point.
Re: Does This Qualify As Witness Tampering
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adjusterjack
What you have to understand is that the police have no obligation to discuss charges with a suspect or even question a suspect.
It also doesn't matter how long it takes for the victim to make a statement.
If the charges are bogus, your lawyer will address that at trial.
All I can tell you is stop talking to anybody except your lawyer.
I have paid a lawyer already thousands of dollars. I can't afford another one. Lawyer is doing terrible job. Emphasis on terrible. I'm pretty sure, not positive yet which is the reasoning for the questions, that if the right things were said this would be squashed on my next court date. I need this to be gone, and if I'm the only one who look up the legal ways to do it, then that's just what I'm going to have to do.
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jk
Incorrect. The state prosecutes the charges. The victim is a victim and a witness at this point.
The victim still pressed, filed, requested, whatever you want call it charges to be made. Yes the State picked it up, prosecutes, filed, whatever following.
Re: Does This Qualify As Witness Tampering
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Junior1
The victim still pressed, filed, requested, whatever you want call it charges to be made. Yes the State picked it up, prosecutes, filed, whatever following.
the victim files a complaint. After that it is completely in the hands of the state.
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I have paid a lawyer already thousands of dollars. I can't afford another one. Lawyer is doing terrible job. Emphasis on terrible. I'm pretty sure, not positive yet which is the reasoning for the questions, that if the right things were said this would be squashed on my next court date. I need this to be gone, and if I'm the only one who look up the legal ways to do it, then that's just what I'm going to have to do.
but since you have an attorney you cannot file anything with the courts. Either convince this attorney to do what you want or fire them and represent yourself.