Plaintiffs Contradictory Testimony Impact

Summary

If a plaintiffs deposition contradicts initial allegations, inform your attorney. They may file a motion to dismiss based on unreliable identification and lack of evidence. The points for the motion can include discrepancies between initial allegations and deposition testimony, the plaintiffs contradictory admission under oath, absence of substantial evidence, and flawed identification process. Always consult your attorney for precise guidance.

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I was charged in criminal court in Missouri. And the plaintiff made allegation to the police department and so I was charged. However, during under oath depositions, the plaintiff says that I did not do the things that she said I did. What steps do I need to take for dismissal?
Hello ****, it seems like a key piece of evidence has changed. Here's what you could do:
*. Inform your attorney about this development.
*. Your attorney may file a motion to dismiss based on the deposition testimony.
*. The judge will review the motion and decide accordingly.
Always consult your attorney for best legal advice.
What would be the points of the motion for our attorney to file?
The points of the motion can include:
*. Discrepancy between initial allegations and deposition testimony.
*. The plaintiff's admission under oath that contradicts the original claims.
*. The absence of sufficient evidence supporting the plaintiff's original allegations.
Always consult your lawyer for precise guidance.
Also the plaintiff never ID me in a photo lineup until right before the deposition. The prosecutor showed the plaintiff one photograph of me and no other people is that possible grounds for dismissal because it violates the lineup rule?
Hello ****. In Missouri, the process of identification should be "suggestive and conducive to mistaken identity". If the procedure was not followed, your attorney can argue:
*. The identification was flawed.
*. The identification was unreliable.
*. The flawed identification influenced the plaintiff's testimony.
Your attorney can use this as grounds for a motion to dismiss. Always consult your legal advisor.
What would be the points for my attorney to use in order to file dismissal?
The points your attorney can use for filing dismissal could be:
*. Discrepancy in allegations and deposition testimony.
*. Plaintiff's contradictory admission under oath.
*. Absence of substantial evidence supporting the allegations.
*. Flawed and unreliable identification process.
*. Influence of flawed identification on plaintiff's testimony.