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0 pointsjmye2mo ago0 comments

> Legally that amounts "hearsay" and cannot have any value. Those statements probably won't even be admissible in court without other supporting facts entered in first.

I just want to understand your argument: you believe that any alibi provided is hearsay, and has no legal value, and that they can't even take the statement in order to validate it? That's your position?

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3 comments · 1 top-level

themafia2mo ago· 2 in thread

The condition here being she was already arrested. You don't arrest someone first and then try to establish their alibi second. That would be an investigation which would be prior to getting a warrant which would allow you to arrest someone. You will never talk yourself out of an arrest, you might talk yourself out of an investigation.

You can offer your story to the police but the fact that you did or what you said to them will not come into evidence in court. You cannot call the officer to the stand and then ask them to repeat in court what you said. That would be "hearsay." So, for a lot of reasons, if you're already arrested, you probably don't even want to tell them any of that. It can only be used against you and never for you. Get your lawyer and have them ready the case to prove that alibi for you.

17186274402mo ago

> but the fact that you did or what you said to them will not come into evidence in court.

What?? Isn't it that everything you say can be used in court? Aren't interrogations and arrests recorded?

themafia2mo ago

It can be used in court _against you_.

You're never going to get your statements made in an interrogation into the record as exculpatory evidence.

The purpose of the interrogation is to find _other crimes_ you are also guilty of and charge you with those.

The police are not going to build a case against you, arrest you, and then immediately try to destroy their own case.

There's some real Hollywood confusion here.

There are two legal issues here. First is fighting the false arrest. Your statements will not help you here. Second is a civil rights violation case. The police negligence, if it can be established, is the basis of your case.

In either scenario your stated alibi is not meaningful.

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