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No victims at trial.

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acmb05

Senior Member
aquadolphin1968 said:
What is the name of your state? Colorado
What usually happens if at trial none of the victims show up to testify?
They try you on the evidence they have and if found guilty you go to jail.

Think of it this way. How many times has a murder victim shown up to testify at trial? Then look at how many people are in prison for murder.
 

CdwJava

Senior Member
Depending on the case, it might be tough to get a conviction, but it won't be impossible.

... and I really like the murder analogy! :D

- Carl
 

aquadolphin1968

Junior Member
This was not a murder case. It is an assault. How could they go on the evidence they have if the victims are not there to ask what happened?
 
aquadolphin1968 said:
This was not a murder case. It is an assault. How could they go on the evidence they have if the victims are not there to ask what happened?

Witnesses', depositions, the fact that you are THERE. Who wrote up the report?
 

rmet4nzkx

Senior Member
aquadolphin1968 said:
What is the name of your state? Colorado
What usually happens if at trial none of the victims show up to testify?
Jennifer,
Go to court then write a poem about it.
 

CdwJava

Senior Member
On a related note, I just had a case this morning ... suspect assaults victim and her son, puts a knife to their throats after trying to strangle both of them, and then threatens to kill them with the knife. I arrest the suspect at the scene and there is ample evidence of a struggle, screaming nad hysterical victim and son, etc.

Today, the victim claims she was too drunk to remember anything from that night but does no tthink there were any problems. She does not recall her hand-written statement from the time of the call recalling all the events that had occurred, but she said she does not think it occurred. the son (11 years old) simply said he lied to the cops because he was "scared". However, he was unable to say WHO or WHAT he was scared of. HIS handwritten statement was read back sentence by sentence, and anything incriminating to the suspect he immediately interjected, "I lied about that."

The judge took scarcely a blink of an eye to bind the suspect over for trial on all counts (2 felonies, 2 misdemeanors, and two violations of probation - one felony and one misdemeanor).

Unfortunately, this kind of recantation is VERY common in DV cases ... though we were incensed that the victim apparently got her son to back her up. Unfortunately for her, CPS is now going to look into her admission on the statnd that she frequently argues with the defendant and that she often drinks so much she blacks out ... oops! Maybe her tune will change when her kid is taken away!

- Carl
 

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