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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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The mother of my child is accusing me of doing domestic violence.

Customer Question

The mother of my child is accusing me of doing domestic violence. Her friend called 911 and when the cops showed up and interogated them they both co-operated. If her friend doesnt show up for court for her own reasons, will that violate my 6th amendment (confrontaion clause)? and what would happen if it does violate?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  xavierjd replied 5 years ago.

xavierjd :

Thanks for using JustAnswer.com. It will be my pleasure to assist you.

No. If the friend doesn't show up for court, it won't violate your 6th amendment right to confrontation. Your child's mother is the complaining witness and the case, itself, is brought by the state.

The friend should be at the trial. However, she will most likely be have to be subpoenaed to court by the prosecutor, if she won't appear voluntarily. If the friend fails to appear, a warrant for contempt of court can be issued for her arrest. Moreover, your attorney can ask for a special jury instruction (if it goes to trial) that anything that the friend would have testified to would have been in your favor.

So, your attorney can cross examine your child's mother regarding the incident, and if the friend fails to appear, your attorney may ask that the jury be instructed that had she appeared, the testimony would have been in your favor.

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

JACUSTOMER-8u2a4zzn- :

it was her friend that called 911, so wouldnt it be her friend that was the complaining witness? she said i pulled a gun on both of them.

xavierjd :

Possibly. It depends how the complaint is written. In either case, your child's mother could testify to whether or not there was an assault on her and/or the friend. The mother of your child can also testify that the friend called 911 and to what SHE heard the friend say. That is NOT hearsay. However, she cannot testify as to what the police told her friend. That would be heresay.

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.