Legal Question in Criminal Law in California

my husband is being charged with attempeted murder and attempted car jacking.. here are the facts..the victim that was allegedly shot lied on the stand and his wife as well...i have preliminary court reports where he states he saw the man..and even though the question was asked 4 more times just worded differently the man said no he never saw his face. Then the x-wife gets on the stand and lies to...first she says she saw him...and then she says she couldn't identify him..mind u i have the court reporters notes...can he still be convicted when these two people are the main witness? Are those two in the court of law im in California be allowed to take the stand during trial? and finally if the victim lies can the case be thrown out even if the prosecution says they have other witnessess? and is it legal for the judge to make racial and slanderous statement to the alleged off the record?

the judge keeps making nasty threats and derogitory comments to my husband but he always goes off the record when he wants to talk shit! EXCUSE MY MOUTH. BUT I FEEL LIKE THIS JUDGE HAS IT IN FOR MY HUSBAND!


Asked on 2/01/11, 1:44 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Reciting and complaining about the supposed facts here is doing your husband no good, nor you. Hire him an attorney, who will be able to protect him from any improper conduct or statements by witnesses, or take appropriate action to remedy it. The court system is capable of handling cases fairly and properly. If you are complaining about testimony at a Preliminary Hearing, it is not too late to take action to get new counsel before trial. If you are complaining about trial testimony, the damage has already been done, and your remedy will likely be an appeal after conviction. If serious about hiring counsel, feel free to contact me. If he is represented by Public Defender, then you can try to politely talk to their office about requesting a new assigned PD for his case, if it is not too late.

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Answered on 2/08/11, 4:29 pm


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