what if one cannot truely recall events on a police report filed?

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what if one cannot truely recall events on a police report filed?

true story: a man has been drinking alcohol for a solid 3 hours ,stewing over the way his roomate said something earlier in the evening. He then at that point decides to nagg his girlfriend into going into the roomates bedroom at11:00 p.m. waking him up and telling him he has to leave now or hes going to call the cops onhim…mind you, the sleeping roomate is on parole.not knowing exactly what is going on, the parolee gets up,and attempts to talk with the very inebriated, instigator.because the parolee asked why, the other felt threatened and called the cops….saying he feared for his life

Asked on June 5, 2009 under Criminal Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I assume that "the parolee" got arrested as a result of "the instigator's" phone call, and it is the "instigator" who cannot remember the events.  However, it seems to me that the real issue is what is in the police report that was generated as a result of the phone call to the police, what the parolee is currently charged with, and what the totality of the evidence is to support the allegations in the police report.  Of course, if the person making the report cannot recall any of the events of the evening, it is possible that a skilled defense attorney will be able to use the instigator's lack of recollection in formulating a defense.  However, that is not the only issue at play here.  For example, I assume that the girlfriend is a witness to the events and may be able to corroborate one story over another.  Therefore, the real issue, as I have previously stated, is what is in the police report and what evidence exists to support those allegations.


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