Can an accident witness be anonymous and how long is too late to come forward?

Answer 1

There is only limited anonymity given to a witness. Almost none, in fact. Think of it this way. If you saw something and it goes to trial, there is that pesky little Constitutional guarantee about the right of the accused to face his accuser - to face you. This is the fundamental issue that severely limits the ability of a witness to remain anonymous. It may be an issue where the report is made as an "anonymous tip" or the like, but that limits the ability of law enforcement and the judicial system to act on it. The anonymous tip thing is sort of like a person calling in to give the police the license number of car seen speeding away from a hit and run. You don't call in a tip about seeing an accident and then fade into the background. It isn't like the person "got away" and left no clues and you're helping by shining a light on a suspect that the investigators didn't have before. Basically, given what information is provided here, you're either in or you're out. Are you in? It is never too late to come forward as the witness of an accident, but what will be the effect of your coming in late? That will depend on what your report says and how late you come in. The problem is that as time goes by "things happen" regarding the accident. There is an investigation. Will your report cause charges to be filed when they would not have been? Will, if charges are filed and you then come forward, your report make the difference and nail a conviction, or at least a plea bargain? Your name will be known to the defense - and the defendent - because of rules of discovery, by the way. (The defendent has the right to know who is accusing him, and, if it comes to trial, gets to face his accuser, as mentioned.) The effect of your coming forward later will change. It will change a lot! If you come in late, you will be asked why you waited so long to appear and report what you saw. And if the individual "gets off" after being charged and tried and then you come forward, he cannot be recharged because of the double jeopardy rule. (It may be that coming forward after the "smoke has cleared" will have little effect except to cause those law enforcement investigators to turn on you for not coming forward sooner. They will be frustrated, and may well be angry. Certainly they will be disappointed if they could not "make a case" before and clearly see that they could have done so with your help. These are basics and include a bit of generalizing. But the facts stated are accurate. If there is a victim here and the victim was you, what would you want? Isn't this another version of the "golden rule" or something like that? Good luck with this one.