Legal Question in Criminal Law in California

What's the longest to wait for a murder trial? And how can it go on the trial when the evidence is 2 persons that have criminal records and one of them has denied his testimony at preliminary hearing And there's an eye witness that is only 30 % sure of the defendant identity but points him out on a booking photo. There's also a surveillance video were supposibley the two defendants appear. This video is not clear and doesn't show any face. One of the witness says he identifies them by the way they walk only on a 9 sec video he saw. The other one says one of the defendants confess to him but there's no evidence of that. And the eyewitness has a different clothing description than the one they're wearing on the surveillance video.


Asked on 1/26/12, 9:52 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Murder trials can be delayed quite a bit if the defendant has waived his right to a speedy trial, which most do so that their lawyers will have time to prepare more thoroughly.

Problems with the evidence will only get a case dismissed before trial if the evidence is so weak that no reasonable person could believe beyond a reasonable doubt that the defendant is guilty. The evidence you describe is strong enough to pass that test. It sounds like defense counsel will have a lot to work with when she attacks the prosecution's case, but there is more than enough evidence to get the case in front of a jury.

You say there is "no evidence" of the defendant's supposed confession to a witness, but testimony is evidence and presumably the witness will testify.

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Answered on 1/27/12, 11:14 am


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