Legal Question in Criminal Law in California
I have a grumpy neighbor that That claims I was masturbating Near her front yard area of my condo complex. I am now fighting the case for lewd conduct. Since there is no evidence or no witnesses just her word against mine, is there any chance that she can get a Jury to Find me guilty beyond a reasonable doubt? All I was doing was walking or letting my dog P in the front yard while wearing boxers and a T-shirt.
3 Answers from Attorneys
Yes, if the jury believes her story over yours, they will find you guilty.
Mr. Roach is right. One person's testimony is enough to support a conviction if the jury finds it persuasive. Since testimony is a form of evidence, your belief that there is no evidence against you is mistaken.
The victim's testimony is often the only evidence in a criminal trial. And many crimes both have no other witnesses and leave no physical evidence. If the law said the victim's testimony wasn't enough, it would be impossible to punish those crimes.
Conviction frequently happen with her word / your word situations. It is up to the jury who to believe.
Conviction of such 'sex offense' would have serious adverse consequences for you.
When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
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