Found an issue on this page? Let us know and we will look into it as soon as possible.
I'm accused of brandishing a weapon. My girlfriend was in the car with me. Can a statement be used in trial w/out her testimony?
Anonymous6 views4 answers
I am being charged with "displaying a weapon" The accuser called and reported it to the police. My jury trial is in two weeks.
Anyways, to be short, I brake checked someone, he brake checked me. We exchanged words, and I drove off. accuser took pictures of my car to report to police. The accuser claims I pulled out a gun and aimed it at him.
My wife was in the car with me at the time. (the complaint says a "10 year old girl" was in the back seat, but it was my girlfriend, she is small) She knows I did not do this. She does not want to testify or go to court at all. Will a sworn written statement of her recollection of the events help me at trial without her testimony?
I understand the DEFENDANT has the right to face the accuser, but I don't know if this would apply.
Thank you
No, a witness can't testify in a criminal trial by written statement. Hearsay is "an out of court statement made for the truth of the matter asserted." A written statement is hearsay and not admissible unless it comes in under an exception to the hearsay rule.
Also, you are required to provide any and all evidence you plan on using at trial to the prosecutor before trial. If you offer this at trial the prosecutor will object and the judge won't allow you to use this.
When the prosecutor offers evidence that is not admissible how are you going to know to object and what objections are you going to be? This is not going to be a fair fight! You don't know the rules of evidence and, as I'm sure the judge has advised you, you are expected to know them just as well as an attorney if you are going to defend yourself.
"My wife was in the car with me at the time. (the complaint says a "10 year old girl" was in the back seat, but it was my girlfriend". So, your wife and your girlfriend were both in the car with you at the same time? If your statements keep changing, whatever you say may be less credible.
"Can a statement be used in trial w/out her testimony?" Unless the witness is dead and certain steps were taken to preserve the witness's statements before the witness died, the witness needs to be available to examination by all parties and the court.
Your girlfriend AND wife were in the car with you at the same time? Do they know this? If not, you might have some problems beyond just your legal ones. In any event, no, hearsay is inadmissible without there being a valid exception, and there appears to be nome here.
