Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

What can you tell me about the right to face your accuser at

Customer Question
trial? What scenario can...
What can you tell me about the right to face your accuser at trial? What scenario can you give where an accusor need not show up (other than murder)? I'm worried about self incrimination on this website based on previous q&a's as nothing is confidential here.
Submitted: 7 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 7 minutes by:
12/1/2010
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,675
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

 

In terms of self-incrimination, if you don't use personal names or specific identifying information, you should be fine.

 

I want to look over your other threads before answering this question, and i have some errands that have to be run. I'll get back to you in a couple of hours.

Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
thank you
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Hi,

On a case like the one you are talking about, where there is an alleged victim but no witnesses, the state will not be able to make out its case without the complaining witness. Hearsay testimony is not allowed at trial.

The state is expected to have control over its witnesses before they can state that they are ready. That means that they have had recent contact with the complainant, know her whereabouts, and can bring her in if necessary by making a phone call. If the People do not have a complainant that they can bring in at a moment's notice (if they are unable to state "Ready for Trial," time gets charged against the DA's Office. On a felony, once the DA has accrued 6 months of chargeable time (doesn't have to be 6 consecutive months but can be pieced together), the defense lawyer can move for speedy trial dismissal.

So you get your right to confront the witness. The DA is required by state law to make "vigorous efforts" to get their complainant in, before a court would accept that the witness is unavailable. If the court determines that a witness is unavailable, the time needed until the witness becomes available would not count towards the 6 months.

I had cases where the witness just hid from the DA rather than cooperate, and they have had to be dismissed. I had a trial case once where the DA had to fly him over from another country to prevent time being charged to them.

The right of a defendant to face his accuser and his right to a speedy trial are taken seriously in the state.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,675
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago
and if they have a witness to the alleged offense?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
The DA could potentially go forward with a witness who saw what happened. But it's likely that they wouldn't. A jury would certainly wonder why the complainant wouldn't bother and the defense could possibly even get a "missing witness charge" read to the jury, which would be favorable to the defense.
Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,675
28,675 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
O. I am a witness in a case going to trial and i have not
I am a witness in a case going to trial and i have not bewn sapenad i got a ticket to leave im staying with a sick aunt for 2 months what is my options can i ne in trouble? Im in las vegas. Nevada … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
My son is scheduled to have a pre-trial hearing tomorrow
My son is scheduled to have a pre-trial hearing tomorrow morning at 8:00 AM what should he expect? Does he need a lawyer present? They say if he does not show they will put a warrant out for his arres… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
I just did 21yrs STRAIGHT IN FEDERAL JAIL. I WENT TO TRIAL.
I just did 21yrs STRAIGHT IN FEDERAL JAIL. I WENT TO TRIAL. THE PROSECUTOR LIED IN TRANSCRIPTS THAT THEY HAD THE DRUGS SENT TO THE FORENSIC LAB. I WAS CONVICTED OF CONSPIRACY TO SELL CRACK COCAINE. I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,675 satisfied customers
If a man is on trial for rape, can the defense offer
If a man is on trial for rape, can the defense offer evidence that the complainant (alleged victim) has been diagnosed with bipolar disorder in the past?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,675 satisfied customers
Can a parent prevent a child from testifying in a trial?
Can a parent prevent a child from testifying in a trial? This is in the case where the child claims to be molested and it's in the state of Ohio.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,237 satisfied customers
I show up to trial and request a continuance because I have
I show up to trial and request a continuance because I have not recieved discovery? Now this is what I am getting hung up on. I filed request for discovery after the pre-trial. I did not know I was su… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
I was charged and arrested on vc1m23152(f) givin a court
I was charged and arrested on vc1m23152(f) givin a court date i hired attorney to show up at court in my behalf with out any notice they post poned because results of blood test were not in been almos… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,675 satisfied customers
I was arrested in court for a felony. I was held and 3 days
Hi. I was arrested in court for a felony. I was held and 3 days later I had a video appearance to set a bond but was never asked if I was guilty or not guilty. I was released on bond and now I want to… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,675 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,675 satisfied customers
I'd like some information on Speedy Trial in Texas,
I'd like some information on Speedy Trial in Texas … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,675 satisfied customers
Cal Please explain the right to speedy trial and what can
For Legal-Cal Please explain the right to speedy trial and what can happen if tge 60 day deadline approaches and I do not waive my right.… read more
Legal-Kal
Legal-Kal
Attorney
J.D.
586 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x