Question:

What kind of evidence do I need to file a affidavit?

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What kind of evidence is needed to file a sworn affidavit?

I know you need the investigators report for felony charges but what else? Or if I have evidence of the person commiting the crime (like a video tape) do I even need to file one?

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2 ANSWERS


  1. An affidavit basically is a statement that's taken in face value in the court but without you actually present. It is often done with both side's attorneys present so both can submit questions and object as needed. The attorney who needs your affidavit will basically present the evidence in question, like "I am now holding tape marked Exhibit A1. Do you recognize this tape?" and you go "Yes" and he goes "How did you know this tape?" you "I recorded it." and he goes "why did you record it?" and so on. It's almost as if you are in court.

    If it is for a felony or worse, police and/or investigators may contact you for the evidence, with a short testimony or affidavit from you to ensure that the evidence is genuine and not tampered with. The investigator will let you know if affidavit is needed or not. Same with PI's. In civil case, lawyers and/or private investigators may contact you to do the same.

    I've had employees contacted by PI's and attorneys for the defense (it was a shooting). They basically did an interview, and determined my employees didn't help or hurt their case, so they don't need affidavits from them.

    If you have evidence, just bring it to police's attention, and they'll do the rest.


  2. I don't understand. An affidavit is you attesting that what you are saying in the affidavit is true, nothing else.  It is not a complaint or a report.

    If you want to get felony charges on something that has already been investigated by the police see the county prosecutor.They already will have the police reports.

    If you have evidence of a crime contact the police with the evidence.

    If you have to swear that the video is truly what you saw you do that in court, not by affidavit.

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