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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Im the Plaintiff in a domestic violence/attempted murder criminal

Customer Question

Im the Plaintiff in a domestic violence/attempted murder criminal trial; I started this process with a Chronology of Events that for the past year the court has seemingly used as A Declaration??? there is a proponderance of evidence favoring prosecution. Defense counsel just reviewed the last additional evidence-Pictures, computer forensics. "admission of guilt" emails.             today i received word that the defense is waiting for my Declaration. 1.)What is the Value of a Declaration? 2. They offered and withdrew a previous settlement offer so Im trying to understand the benefit to defense now, to wait for my "Declaration" (why do i want to know? 1 year, international case, and Id like to "Heal" and god am I Tired). 3.) what might I be asked in declaration that wasnt stated in "Chronology of Events" ? Sincere Regards Linda
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 5 years ago.

Linda,

 

Generally speaking in criminal cases, witnesses (even complainants) do not make "declarations" and certainly are under no obligation to do so at the request of the prosecution.

 

Are you by any chance asking about a case in Canada or the UK? If in the US, what state are you in?

Customer: replied 5 years ago.
Hi,
to answer : I live in California now.the case is in nether Canada nor uk, its in espana where the crime happened and the defendant lives. The witnesses and defendant all have done their declarations,
the court in Spain is wanting my declaration as the plaintiff so they've sent it thru spainish foreign ministry to sec of state to local court for my to declare , rather than force me to make another trip.
So please help me understand what a declaration is? Its value to the court etc.
regards linda
Expert:  Jim Reilly replied 5 years ago.
Okay, I understand now.

The purpose of obtaining your declaration under these circumstances is most likely so that it can be used as evidence against the defendant without having to require you to return to Spain.

If you give the declaration in a US court, under oath, and the Spanish court accepts it as evidence, then the case can proceed without you having to be there. In essence, it would be the same as you testifying directly in the court in Spain.

For more specific information about the law in Spain, you might want to check this website, which gives basic information about criminal law and procedures in Spain:

http://www.spainlawyer.com/guialegal/guialegal.cfm?IDCAPITULO=12000000

Or, if you want to speak with a Spanish lawyer, you can obtain a consultation with one by going here:

http://www.spainlawyer.com/Consulte/ask-an-Spanish-lawyer.cfm

Good luck with this.

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