Rochester, MI asked in Criminal Law for Michigan

Q: Can my original video testimony be used during trial if I dont take the stand

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1 Lawyer Answer

Jeffrey Buehner

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Answered
  • Criminal Law Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: It is unclear what you mean by 'original video testimony.' If you testified at the preliminary examination, yes that can be used during the trial irrespective of whether you testify at trial. If you testified at an evidentiary hearing, that generally can't be used, but in certain circumstances it can be used for limited purposes.

If you are referring to a recorded statement that you provided to the police, that can be used against you unless the judge finds that the statement was taken in violation of your constitutional rights. In most such situations, the issue of the admissibility of the statement would be determined at an evidentiary hearing before trial.

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