I was subpoenaed by prosecutors to testify.

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I was subpoenaed by prosecutors to testify.

I had a car stolen back in May they are now taking
the guy to court. I was subpoenaed to testify against
him but I am worried because when I filed the initial
report I did not mention a deal me and this guy had
prior to him taking off with the car. Will I get into
trouble for missing details on the police report?

Asked on February 10, 2019 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A "detail" would not hurt you--for example, that someone had called to tell you that they thought your car had been stolen and that was how you had first become aware that it might be missing. In the scheme of things, whether your first noticed the car was missing on your own or someone else told it may be missing doesn't really make a difference.
But this is more than a "detail." If there was a deal between the two of you, that could, depending on the specific facts, act to significantly undercut your testimony or credibility (e.g. say he owed you money or failed to perform the deal; that could give you motive to lie about him) or undercut his criminal intent (e.g. if you failed to pay him and he thought he could take your car as "colleral" for or as payment of the the debt--he'd still be in the wrong, but his act might not be as wronful and so a lesser charge might be appropriate). At a minimum, not mentioning prior dealings with the accused could certain, because it is a rather large fact that people would not be expected to forget or omit, raises questions about your trustworthiness or motives--i.e. why did you leave this out?
You should consult with an attorney about the specifics of this situation to understand the impliations for you and the case.


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