By Collin County Criminal Defense Attorney Jeremy Rosenthal
Generally speaking a statement made to police in the course of an investigation can be considered by the police, a judge, or a jury for it’s full meaning. Recanting the statement might call the original statement into question… then again it might not.
Who Made the Statement?
Statements of the Accused
Important in the analysis is who made the statement, what role that person plays in the proceedings, and the timing of the statement or statements.
A statement by an accused is referred to as an admission by a party opponent under Tex.R.Evid. 801(e)(2). If the statement is relevant to a jury then it’s fully admissible. The person or person(s) the statement was made to can testify to what was said by the accused or can have a written statement admitted.
Practically speaking, an accused and his or her…
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