Legal Question in Criminal Law in California

felony domestic violence

If a felony domestic violence case goes to trial but the alleged victim does not appear in court due to the fact they moved out of state and there are no witnesses to the alleged incident, what might the outcome for the defendant be? The person does have priors and there are witnesses to incidents of verbal confrontations but nothing physical.


Asked on 1/08/98, 1:42 am

1 Answer from Attorneys
Larry Bruce Larry B. Bruce Attorney At Law

Bad news for witnessless case

Sadly, in order to be politically correct, thelaw is pandering to the pressure groups in orderto make it easier to prosecute batterers. TheCourts have allowed the prosecutor to use thealleged victim's report to police as admissiblehearsay on the theory it is an "excited utterance".This practice is not yet widespread but youcannot count on a dismissal just due to absenceof a witness.

Read more
Answered on 1/19/98, 12:59 pm


Related Questions & Answers

More Criminal Law questions and answers in California