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Admissable Evidence at Trial

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What is the name of your state? IL

I have a few questions about admissable evidence during trial. I have been charged with Home Invasion and Unlawful Restraint.

1. Can the victim or anyone used by the Prosecution as a witness, who has been previously convicted of felony in IL be used to testify against me in court?

2. If the victim doesn't show up at trial can his statements to the police be used against me?

3. There are 2 other co-defendants in the case. Can there statements be used against me ?
 


Shay-Pari'e

Senior Member
#1 08-09-2004, 04:09 AM
BlackPeaceStone
Junior Member Join Date: Jan 2004
Posts: 26

Wrongful Termination??

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What is the name of your state? IL

I was working for a Fortune 200 company in Oak Brook, IL which is Dupage County. I just began the job and had only been working there for 4 days when police from another city and another county, Hickory Hills - Cook County came to my job and arrested me on the spot, a private workplace location. Of course this made a big scene in front of my managers. I was taken into custody and was questioned and harassed by the police for over 3 days about a crime that my friends allegely were pary of. I wasnt really allowed to call my job or anyone else for that matter while I was inccarcerated. Since I was not willing to tell the police anything and demanded a attorney they decided to charge me with the crime as well. I was charged with Home Invasion and unlawful restaint, even though the victim is a good friend of mine and indicated to the police she didn't want to press charges against me. But after 3 days the judge gave me, a college graduate working as a Software Consultant with no criminal backround a $500,000 bond. I was not able to communicate with my relatives for another 24 hours about my situation. I finally got out and made it back to work. After missing 4 days of work the company terminated me. But the thing is..... I learned 3 days before I started working I was required to work the next 2 weekends... I was required to work from 8am to 9pm Mon-Fri and Sat and Sun from 10-4... For 2 weeks... I worked 41 hours before I was actually arrested on Thursday...And I returned to work late Monday.... Can my company fire me for not working more than the 40 hours.... Can I sue for wrongful termination? Did my company violoate any laws for telling the police that I worked there, who had NO WARRANT, and showed them where I was at? Can the company fire me becuase I was part of a police investigation in which I had no control of when I was goint to be released? Can someone advise me on what I can do about this matter.... I lost a good paying job and now it is difficult in finding another one..
 

CdwJava

Senior Member
BlackPeaceStone said:
What is the name of your state? IL

I have a few questions about admissable evidence during trial. I have been charged with Home Invasion and Unlawful Restraint.

1. Can the victim or anyone used by the Prosecution as a witness, who has been previously convicted of felony in IL be used to testify against me in court?

2. If the victim doesn't show up at trial can his statements to the police be used against me?

3. There are 2 other co-defendants in the case. Can there statements be used against me ?
The answer to all three - with some exceptions, depending on the circumstances - is, "Yes."

A felony conviction MIGHT be able to be used to impeach the crdibility of a witness, but even a convicted felon can be a victim.

If the victim doesn't show up, then his statements might be allowed in IF his failure to appear meets one of the acceptable requirements under IL law. If he chooses to avoid the subpoena, this may not be an acceptable reason. if he has been killed or threatened, then this might be acceptable ... and of course would maek him a victim of additional offenses.

And of course co-defendants can testify against you. How effective this might be is questionable, but they can be called.

Carl
 

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