Monday, December 22, 2014

During the cross-exam with the police officer, when the defendant objected to the officer testimony and say something, those words can be co...

Question

During the cross-exam with the police officer, when the defendant objected to the officer testimony and say something, those words can be considered as defendant's testimony?



Answer

No. The question itself is not evidence - the answer is. The question is so that you can put the answer in context.

That's the technical answer anyway. I assume you are asking about doing your traffic trial. If you were to ask a question of then officer like "Well, I was going 75, but not 85 as you claim, isn't that right?" it would be hard for a traffic judge to separate that damaging admission.



Answer

That's one reason you might want to have a lawyer.



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