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This one is for criminal law experts. This is just a quote…

Hi this one is for...
Hi this one is for criminal law experts. This is just a quote from a judge and I'm having a little bit of difficulty interpreting his meaning because he's using phrases I don't quite understand. He said "If there were going to be a trial, there would have potentially been evidence that she went along." Now when he says that does he mean, there might be evidence, as in evidence the veracity of which has not yet been determined? Or does he just mean evidence had been discovered that was presentable at a trial if there was going to be one? Any help you could provide would be greatly appreciated. The case did not go to trial by the way. And I'm getting a second opinion on this matter as well.
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Answered in 4 hours by:
11/23/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,519
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Not everything the judge says is a statement of law. Sometimes it's just an opinion. A judge does not know for sure what evidence would have come out at trial if there was no trial. All he can do is make an educated guess.

All he's saying here is that, had there been a trial, the evidence that "she went along" may have been brought out. So yes -- to use your words more or less -- there might have been evidence, the veracity of which never got to be established.

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Customer reply replied 6 months ago
But with what you're saying "the evidence she went along may have been brought out" that goes with the other possibility that I described in my question. So when you say "its veracity never got to be established" do you mean at a trial?

Exactly. I mean at trial. Juries function as the finders of fact in a criminal case.

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Customer reply replied 6 months ago
All right thanks for your input Zoey. Another lawyer I asked said it was evidence that hadn't been verified, as in by a prosecutor. I said to him "well that's not a very good reason to stop a trial then."

You're very welcome! In the context of the question you posed, I'm going to stand by my answer.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Best wishes for a happy Thanksgiving!

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,519
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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