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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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allegedly I called twice after a order of protection was served,

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allegedly I called twice after a order of protection was served, although the DA cannot yet identify which calls were made after the order was served. I don't remember calling after the order was served and I don't know why the DA doesn't have the dates of the calls from the phone company. can the DA still go forward with a felony e criminal contempt and get a conviction just based on my ex-husbands word. or would a judge and jury want to see hard evidence such as the date and time stamp from phone records
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Legal-Guru replied 10 months ago.
Welcome back to JustAnswer.

Excellent questions that bring up both legal issues and factual ones.

"can the DA still go forward with a felony e criminal contempt and get a conviction just based on my ex-husbands word."

This is the legal question. Absolutely the DA can go forward based upon the testimony of one witness. If you or I are robbed at gunpoint and no one else around our testimony is sufficient to get it to a jury to make a determination of guilt.

"or would a judge and jury want to see hard evidence such as the date and time stamp from phone records"

This is the factual question. I think most juries would want to see phone records especially since they are easily attainable. That does not absolutely mean that they could not obtain a conviction without phone records (remember juries are basically 12 random people who have drivers licenses), but in my experience it would be difficult for the state to do so.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1347
Experience: Experienced Criminal Trial Attorney since 1998.
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