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I have 8 charges the worst is a first degree felony aggravated

assult charge the victim does...
I have 8 charges the worst is a first degree felony aggravated assult charge the victim does want to press charges and she does want to testify the da called her an she told him but da said that I was going to do some time how strong is the case there's no other witness. Case in York county pa
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6/1/2013
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,713
Experience: 16 yrs. of experience including criminal law.
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Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Is this a domestic violence case? Did the "victim" give a statement to police?
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Customer reply replied 4 years ago

Yes it is domestic an yes she did give a statement

THank you

That makes it tough for you.

In most cases, if there is an alleged crime, with one witness, and that witness refuses to cooperate in the investigation, the state will drop the case.

But not for DV cases...at least not in most DV cases.

The prosecutor will typically force this issues in a DV case, the assumption is that the "victim" is not acting in their best interest.

So the state can order the victim to testify. And they can even charge the victim with "false statement to police" if they give a different version on the stand.

And if they continue to refuse to testify, the state can often use the statement of the victim despite the hearsay rules.

So it is not a guaranteed win for the defense if the victim refuses to cooperate.

It makes the case more difficult for the state...no doubt about that. If there is no other evidence and the "victim" refuses to cooperate, it can be very tough to gain a conviction. But it is possible in some cases

P. Simmons
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Category: Criminal Law
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