Agg Assault

[chZpUFF12123]

What is the name of your state? Florida

Best friend detained along with five of his friends after a confrontation outside of a nightclub. They were all charged with aggravated assault. He and two of his friends gave incriminating statements to investigating officers. His statement and one other friend's statement were not recorded or videotaped, the other friend signed a sworn statement and gave a videotaped interview; he was the only one out of the 6 never charged. The "victim" provided a sworn statement about a week after incident, but no longer wants to pursue charges. The state picked up the charges and the prosecutor wants to try everyone together. 1) Is there any way to get the cases severed so that individuals can be tried individually not grouped? 2) Is it better to be tried as a group so that the statements allegedly provided by my best friend and his friend can be omitted? 3)Is it likely to be omitted since 5th amendment protects against self-incrimination? 4)Can statements provided by "victim" and the other friend still be used in court if they do not appear at trial? If so, doesn't that violate the right to confront accuser clause? I think that's the jest of pertinent information, if you have any questions please ask. Thanks for any expertise!

 

[racer72]

doesn't that violate the right to confront accuser clause?

There is no such thing. The Constitutuion gives you the right to challenge the charges and evidence brought against you. The state is the party doing the accusing, not the victim. Your friends need an attorney and soon.

 

[Some Random Guy]

1) Is there any way to get the cases severed so that individuals can be tried individually not grouped?

Yes, his lawyer can file a motion in which he outlines a legal justification for doing so. The judge will then rule on that motion. His lawyer will be able to provide more info on whether this is a good idea.

2) Is it better to be tried as a group so that the statements allegedly provided by my best friend and his friend can be omitted?

What makes you think that evidence against your best friend will be omitted from the trial?

3)Is it likely to be omitted since 5th amendment protects against self-incrimination?

You cannot be forced to incriminate yourself. But, if you do it willingly, your statements can be used against you. Remember: "you have the right to remain silent...."

4)Can statements provided by "victim" and the other friend still be used in court if they do not appear at trial? If so, doesn't that violate the right to confront accuser clause?

Arguments over admissibility of the evidence and subpoenas for witnesses should he handled by his lawyer. His lawyer can subpoena the victim if the lawyer wants to question his written statement.

 

[tranquility]

4)Can statements provided by "victim" and the other friend still be used in court if they do not appear at trial? If so, doesn't that violate the right to confront accuser clause?

Generally, they cannot. Basic evidence law will not let out of court statements be entered for the truth. While there are many reasons for this hearsay rule, one does stem from the sixth amendment to the Constitution.

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."

The bolded portion has been determined to mean the accused gets to question under oath those providing evidence against him.