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What happens if both of the witnesses won't be able to make it to court for trial?

Business 4 views 4 answers
Both of the witnesses are actually moving out in about two weeks when the court date is in about 2months, one to another state and one to another country. One of them talked to the officers when they came and the other one gave a written statement to my lawyer. I don't think the court nor my lawyer know about this. Should I do anything? Should I try to get the second witness to actually talk to someone rather than just leaving it to a written statement? I am accused of a misdemeanor assault that I didn't do and both of those witnesses saw everything and definitely back me.

Attorney Answers

4
Jay K GoldbergCriminal Defense AttorneyNew York, NY ·
If you cannot get the trial postponed until they can return their statements are useless. They can only give testimony from the witness stand.
0 upvotes
Benjamin Lieberman ·
Unfortunately the statements are hearsay and may not help you much at trial. You should have an attorney. Discuss this with him/her and s/he could best advise and guide you on what options may be available to you.
0 upvotes
Howard Schwartz ·
You should speak to your attorney ASAP! He or she may decide to ask about advancing the trial date for your case in order to allow for the witnesses to testify. In the alternative, they may ask the court about allowing for video testimony (highly unlikely) or having the prosecutor speaking to your witnesses as a way of avoiding trial. Good luck.
0 upvotes
Louis Lapietra ·
You may want to consider having yor attorney set up a meeting with the DA's office and bring the witnesses before they move away. It could be helpful in getting the charges reduced before the next court date if the DA is convinced that your actions were either justified or self-defense. However, I would interview both witnesses before meeting with the DA to be sure that their information is helpful to your case.
0 upvotes

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