Domestic Violence & Civil Orders Can the complainant change their story?

[GregVance]

Jurisdiction

New York

A family member is being accused of a crime in a city park. He was on a run and his running watch GPS evidence shows he was a mile away from the park at the time. If my lawyers submits the GPS data, won't the prosecution see this and complainant will just say the crime was close to the park because there isn't hard set boundaries to the park?

 

[Zigner]

A family member is being accused of a crime in a city park. He was on a run and his running watch GPS evidence shows he was a mile away from the park at the time. If my lawyers submits the GPS data, won't the prosecution see this and complainant will just say the crime was close to the park because there isn't hard set boundaries to the park?

Why would your lawyers do anything?

 

[GregVance]

Why would your lawyers do anything?

Doesn't the defense need to submit their evidence before trial as well?

 

[Tax Counsel]

A family member is being accused of a crime in a city park. He was on a run and his running watch GPS evidence shows he was a mile away from the park at the time. If my lawyers submits the GPS data, won't the prosecution see this and complainant will just say the crime was close to the park because there isn't hard set boundaries to the park?

Who knows what the complaining alleged victim will do? But if the story changes that will weaken the testimony of the alleged victim because the defense will then attack the alleged victim as untruthful or at least unreliable.

And if it is really a family member that is facing these charges, why would YOUR lawyers submit anything? GPS records for YOU would be meaningless. Now if it is really you facing the charges, then say so.

 

[GregVance]

Who knows what the complaining alleged victim will do? But if the story changes that will weaken the testimony of the alleged victim because the defense will then attack the alleged victim as untruthful or at least unreliable.

And if it is really a family member that is facing these charges, why would YOUR lawyers submit anything? GPS records for YOU would be meaningless. Now if it is really you facing the charges, then say so.

Thanks. My son's running GPS watch info. I have a previous lawyer for myself we will be using.

 

[zddoodah]

If my lawyers submits the GPS data, won't the prosecution see this and complainant will just say the crime was close to the park because there isn't hard set boundaries to the park?

This question makes no sense. You seem to be asking us to speculate about what some person who is unknown to us might do in response to a hypothetical event.

Can the complainant change their story?

Of course it's possible. People change their stories all the time. Did you really suppose the answer might be otherwise?

Doesn't the defense need to submit their evidence before trial as well?

So...this is more than a mere accusation? Your son has actually been charged with this crime?

 

[Zigner]

Thanks. My son's running GPS watch info. I have a previous lawyer for myself we will be using.

Is your son a minor? If not, then there is no "WE" in this situation (and even if he is a minor, this largely applies). Your son should NOT be speaking to anyone but HIS attorney about this matter. You may be paying for the attorney, but the attorney does NOT represent you.

 

[leslie82]

A family member is being accused of a crime in a city park. He was on a run and his running watch GPS evidence shows he was a mile away from the park at the time. If my lawyers submits the GPS data, won't the prosecution see this and complainant will just say the crime was close to the park because there isn't hard set boundaries to the park?

Your lawyer? Or you hired a lawyer for this family member? No one can know what anyone will do in a hypothetical situation.

If you hired a lawyer for this family member, let them do their job. Stop talking about the case on a public forum too.