Legal Question in Criminal Law in California
stalking
can they charge someone with stalking
based only on the other person words?
5 Answers from Attorneys
Re: stalking
Yes, you can be charged with a crime based on a single witness statement or on the victim's statement. However, getting a conviction might be difficult. It will simply depend on the creditability of the witness or victim. If the case actually goes to trial it will depend on the jury and if they were persuaded beyond a reasonable doubt that the crime took place. Good luck
Re: stalking
The short answer is yes. The longer answer is: it depends.
The prosecution can rely on just one witness and the law allows a jury to convict based on the testimony of one witness alone if that sole witness has such convincing force to prove the case beyond a reasonable doubt.
In a stalking scenario, assuming there is some sort of underlying relationship gone awry, I would think that the prosecution would want some sort of corroboration before filing charges, but it really depends on the evidence in the police reports. There may in fact be more than "the other person's words."
Re: stalking
Yes. Testimony is a form of evidence. In many cases the only evidence of a crime will be the victim's testimony. There is no good reason to forbid prosecution where the testimony of the victim is the only evidence. The defendant can then argue that the victim's testimony is unreliable if he wants to.
Re: stalking
"Can they charge you"? Of course. That's how the system works. Can you be convicted? Depends on all the evidence. The police and DA already think you can, if they have you arrested. If this is your situation, get yourself an attorney, and speak to no one else about the case. If serious about doing so, feel free to contact me.
Re: stalking
The answer is yes. Verbal testimony from a single witness can be enough to both charge and convict a person. Stalking is a serious charge. Get a good lawyer.
Jacek W. Lentz, Esq.
213.250.9200
www.lentzlawfirm.com
Related Questions & Answers
-
Joy riding Is joy riding still VC 10851 in California? Or is that a misdemeanor? Asked 7/06/09, 1:57 pm in United States California Criminal Law
-
Wrongfully arrested my girlfriend was attacked last night in our home the attacker... Asked 7/06/09, 10:03 am in United States California Criminal Law
-
Court appearances Hi my husband has a criminal court date coming up and in the... Asked 7/06/09, 3:26 am in United States California Criminal Law