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Does the victim of a home invasion have to testify to get the defendant found guilty?
Wiki User
∙ 15y ago
It'd be best to go, because you're the proof aren't you? NO,MY BOYFRIEND IS THE DEFENDANT!
Wiki User
∙ 15y ago
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Who cannot testify against a defendant?
In most states, the spouse. There are also certain professional or social relationships that are regarded as privileged... for example, attorney-client, doctor-patient, or priest-parishoner communications may be exempt from subpoena.Note that this does not mean that the person in question cannot testify against the defendant, it means they can't be forced to testify against the defendant. A spouse can choose to testify. The professional cases usually can't, but what they cannot testify about is limited. If the doctor saw the defendant standing over the murder victim with a bloody knife in his hand, for example, that's not a privileged communication and the fact that he happens to be the defendant's doctor is irrelevant.
Can an abuser have wittness to testify against the victim to prove the abusers not guilty?
Certainly. In this country people are presumed to be innocent until proven guilty beyond a reasonable doubt.
Can a victim appeal a court's sentence of a defendant?
No. Only the sentenced defendant can appeal their own sentence. However if you really feel strongly about it, you can approach the defense attorney and tell them you will gladly testify on their clients behalf.
What does the prosecution means?
The prosecution in the court room means they are representing the victim in a criminal case. The prosecution has the responsibility to prove that the defendant is guilty.
Why does a defendant not have to testify?
WHAT court case does he not want to testify in - his own? He has that right if he wishes to exercise it. If you are referring to some other case in which he may not want to testify - the court has the power to compel his attendance and be called as a witness. If he takes the stand and refuses to answer questions or testify, the jury can then draw their own conclusion from his refusal, and use that, or not, in their deliberations.
What is a Prosecution Witness?
A prosecution witness is someone who will provide evidence for the prosecutions case. If i was representing a client who was shot by his friend and witness by another friend I, as the lawyer (prosecutor), would be representing my client (the victim, or plaintiff), and suing the defendant (the shooter) and calling the witness to testify on behalf of my client (the victim) proving the fact that the defendant shot my client (the plaintiff).
What is the opposite party that is not the victim?
defendant or accused
Is it possible in the US for a complainant plaintiff or State witness in a criminal case to withdraw the charges or case against the defendant?
The person who was the victim of or witness to a criminal act is technically the complainant for the State's case. The victim becomes the State's witness, not a plaintiff. As such, it is not the victim's case, but the prosecutor's case. The prosecutor does not--and should not--just drop charges because a victim asks for the charges to be dropped. In addition, because the victim and witnesses are the State's witnesses, the Court can compel you to appear and testify. A victim cannot withdraw the original complaint, nor impede a court case. The prosecutor's staff will help a nervous or fearful witness to testify. But only the prosecutor can decide whether to offer lesser charges in a "plea deal"; prosecutors do not need the victim's permission to allow the defendant to plea, but the victim might be consulted if the deal means significantly less prison time. So the answer to your question is No, a victim cannot withdraw charges especially once the prosecutor already has the case.
If you die can a criminal case continue?
Are you the victim or the defendant?
Can a public defender represent the victim and defendant?
Of course not! A public defender is paid by the public and represents the defendant.
How the defendant pay to the victim?
Restitution is paid generally through the Defendant's probation officer if he has one or the Clerk's Office of the sentencing court. If the Defendant does pay the victim directly he should get a receipt or note stating how much was paid and how much is the balance due.
How do you get judge removed from after find guilty with no evidence?
Juvenile judge find me guilty no evidence just one the victim Asia but the victim witness said he wasn't me
