Am I entitled to state the realization of actual facts in a trial for assault with a deadly weapon? 8 Answers as of July 13, 2011

I have a subpoena in a case (assault with a deadly weapon) against my younger brother; however, after the incident occur I came about to have full knowledge that the weapon (a kitchen knife) I accused him of wielding was in its rightful place all along; in fact all that he was wielding was the rubber grip belonging to it. I just didn’t realize it at the time, with upcoming court, can I state the realization of the facts or am I entitled to say what I told the officer on scene? Can I be cross-examined for saying what really happen as apposed what I said at the time? P.S. I didn’t however say false information to begin with, if it may appear that way it is only because I believed it yet I was wrong.

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
25156 You will be under oath to tell the truth when testifying. Therefore, tell the truth at trial. You will have to explain your previous statement made to the police, which will undoubtedly be questioned about during trial.
Answer Applies to: California
Replied: 7/13/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You are obligated to tell the truth at the time of testimony, and explain any errors or lies made earlier. Your credibility will be challenged and yes, you will be cross examined aggressively.
Answer Applies to: California
Replied: 7/7/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
You can and should tell the truth under oath. Contact the DA, the investigating officer and certainly the defense attorney and tell them. If you get put on the stand, tell the truth, and admit your mistake. It is not lying unless you knew it was false when you told the officer. You were just mistaken. That's not a crime.
Answer Applies to: California
Replied: 7/7/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Sure you can say that, but be ready to be cross-examined to death about it. Remember that the prosecutor will paint you as biased because you are family and experienced a change of heart to try and help out your brother.
Answer Applies to: California
Replied: 7/6/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
If you take the stand you are required to tell the truth as you know it. The fact that you made a error in your initial report does not change that. You can and should tell the truth.
Answer Applies to: California
Replied: 7/6/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You are required to answer truthfully when testifing. It is the attorneys job to find out the details. Contact the defense attorney and follow his directions.
    Answer Applies to: California
    Replied: 7/6/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    If you take the stand, you will be required to take an oath to tell the truth and you MUST testify to the truth and only the truth. If you testify to the new information and it's the truth it will contradict your earlier statements to the police. You will likely be impeached with your prior statements to the police. Of course, you can always explain while on the stand, why you have a different and inconsistent story between your live testimony and what you had told police.
    Answer Applies to: California
    Replied: 7/6/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    That is awkwardly posed, but the bottom line is yes, you can make corrections in the reports of your factual perceptions, at prelim., at trial, or in advance of both to the cop who wrote the report. It is understood that what one perceives in the heat of an emergency moment might, on cooler reflection, be otherwise. The ultimately realized truth is always better than maintaining and persisting in a later-realized fiction.
    Answer Applies to: California
    Replied: 7/6/2011
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