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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22503
Experience:  Handle criminal matters in both state and federal courts.
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My Son has been charged with a PC245 A1. I would like to know

Customer Question

My Son has been charged with a PC245 A1. I would like to know if they can proceed with charges using a vidio recording recovered from the scene without the victum being present in the courtroom?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Samuel-II :

Hi

Samuel-II :

If the victim is so afraid of the Defendant, then yes, they may proceed via a video transmission. That means that all questions would be asked via the television prompter. This does not mean that the victim cannot be questioned by the defendant's attorney. It only means the victim is not in the same room. The victim would need to show evidence that testifying in defendant’s physical presence would cause the victims to suffer serious emotional distress or other trauma and testifying from another room would mitigate that trauma

Customer:

The victim is his girlfriend. she has told detectives and prosecuters she did not want to press charges. what happened whas she was walking away from a car and he bumped into her with it but she was 8mo. pregant at the time and he has a past history and on parole and they are telling him even if she does not show up for court they are going to give him five years

Samuel-II :

I see

Samuel-II :

Well, if they have other evidence and do not need her to testify, they can move forward with a prosecution.

Samuel-II :

They also can compel her to testify against him

Samuel-II :

The Court can force her to do that. And since this appears to be a Domestic Violence situation, that is probably what will happen

Samuel-II :

There is a zero tolerance on these type of crimes

Samuel-II :

and so you see, the crime is not against her. She is the victim - but the crime is against the laws and the people of the state

Samuel-II :

So the prosecutor may very well proceed with or without her and also can compel her testimony

Customer:

They have arrested her twice on failure to appear and released her because of over crowed jails but they keep telling my son they dont need her to testify because they have the tape

Samuel-II :

I see. If they have a tape of his car hitting her, then they do not need her testimony. That is correct.

Samuel-II :

The tape and what is on it would speak for itself. And so it would be up to your son's attorney to try to discredit what the eye can see. That is a very good trick, however.

Customer:

Okay that was my main question thank you

Samuel-II :

You'

Samuel-II :

You're welcome.

Samuel-II :

I apologize that I did not fully comprehend what you were originally asking.

Samuel-II :

If you have other questions, you may reply here and I will continue to assist you. Otherwise, please rate "good to excellent" below so that I may get credit for my time and information to you in this regard. Thanks

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22503
Experience: Handle criminal matters in both state and federal courts.
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Samuel II
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Handle criminal matters in both state and federal courts.