Legal Question in Criminal Law in Arizona

have been accused of theft all by hearsay will i be convicted when witness's have criminal backgrounds


Asked on 2/03/11, 6:27 pm

1 Answer from Attorneys

David Shapiro Shapiro Defense, PLLC

Ordinarily, regular folks don't really know what legal hearsay is so that doesn't really give an attorney enough information to add hearsay to the cursory analysis that is often the result of online rather than in person legal assistance. Here's the answer, basically: prior criminal history can be used by an attorney at trial or hearing to call into question a witness's reliability. That's the short of it. Juries can still believe the witnesses, they can still compare that witness's reliability to the reliability/credibility of other witnesses who may not even have criminal histories and decide to believe the government's witnesses. Credibility at a certain, legal point, is up to the jury to determine. A evidence - or a conviction- based on unreliable witness testimony will be reviewed by the trial court in the midst of trial and, upon conviction, by the appellate courts if the case ends in conviction. At the same time, the prosecutor has a solemn duty herself to scrutinize her (the government's) witness's credibility before putting the witness on the witness stand. Your attorney will try mightily before trial to hold the government to that duty. Of course, there is no guarantee that the duty will be done or the result of that duty will be as you wish. Most questions regarding serious legal matters-- as this is-- are complex and can't be covered adequately in this forum. This is simply giving you some things to consider. Undoubtedly, if this accusation goes forward you will be consulting with a defense attorney who will answer your questions face to fact to face.

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Answered on 2/09/11, 7:10 pm


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