Legal Question in Criminal Law in California

Do you need a witness for a jury trial?

I went to court yesterday, and I was being charged with aggravated assault with a deadly weapon and domestic violence. The DA or prosecution wanted me to plead guilty to domestic violence and they would drop the aggravated assault. I denied that and now they have upgraded the charges to felony aggravated assault and I have to go to trial. Would a witness be needed for the trial to find me guilty or can they still prosecute me anyway without a witness?


Asked on 1/11/06, 12:15 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Do you need a witness for a jury trial?

Obviously, a prosecution witness to the facts is needed, such as the victim, a police officer, a passerby, someone you confessed to, etc. I have to believe they have adequate witnesses or they wouldn't set it for trial. You clearly need a good attorney to try to keep you out of prison. Feel free to contact me if interested in doing so.

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Answered on 1/11/06, 12:44 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Do you need a witness for a jury trial?

The prosecution needs to have at least one witness, but that person need not have been an eyewitness to the crime. If eyewitnesses were necessary than no one could ever be convicted of crimes committed when no one else was present -- or of murdering the only person who was present.

Someone who saw you running from the scene or heard you confess could testify, for example, as could investigators who can explain why the judge should believe you're guilty (perhaps by providing fingerprint or DNA evidence, or by authenticating surveillance video). These people would all be considered witnesses even though they did not see the crime take place.

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Answered on 2/05/06, 12:09 am


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