Legal Question in Criminal Law in Georgia

Can a person be prosecuted based on a police report only and no testimony from w

My ex-boyfriend threatened to put a bullet in my head and my childrens head. I called the police and while the police pulled up he was walking to my house. He got arrested for terroristic threats and criminal trespassing. He has no prior record and overall was in a rage because we were no longer together. I have moved on and do NOT want to testify neither does my friend (who has since moved to Florida)---she was a witness of a threat the night before and said if asked she will state she does not remember what happened. I got a letter in the mail from the district attorney in Cobb County that states they have enough information to proceed. I am working with my ex-boyfriends attorney but it seems she is moving too slow. I do not want to see him go to jail over this --- he has no prior records at all and like I said he was in a jealous rage at the time. He has since lost his job and cannot find employment because this is pending. Can you tell me if the state can 'make' me testify? Like I said the only other witness was a friend of mine and she has moved to another state and too does not want to get involved. Also in the county I am in this offense is considered a felony. Can he try to plea bargain? Please help. Thank you


Asked on 1/18/05, 11:05 am

2 Answers from Attorneys
Phillip A. Strickland Law Offices

Re: Can a person be prosecuted based on a police report only and no testimony fr

A police report, to the extent it is heresy, isn�t proper evidence, isn�t admissible in court, and isn�t even sufficient to convict a defendant of jay-walking much less the felony of terrorist threats. The DA can, indeed, compel you to testify against your ex--assuming that such testimony doesn�t tend to incriminate you or is otherwise legally privileged--and a failure to do so could result in contempt charges being pressed against you. That said, as a practical matter most prosecutors are loath to proceed with criminal charges when the �victim� is an unwilling witness--and from what you say perhaps the only witness to the criminal conduct charged. Lastly, the machinery of justice can move very, very slowly. This is especially true from the perspective of those personally involved. Just try to remember, as you wait, the criminal defense bar�s Prime Directive: the passage of time always works to the defendant�s favor--unless the defendant is in jail perhaps. Emotions calm; witnesses can move, die, or suffer lapses of memory, etc. Besides, for most defendants a speedy trial merely means a speedy conviction. So when you want to complain that a defense attorney isn�t doing anything, he/she is more than likely just doing their job and playing the hand they are dealt. I wish you the best of luck.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you. The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied. Phillip A. Strickland, Attorney at Law, [email protected].

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Answered on 1/18/05, 10:47 pm
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Can a person be prosecuted based on a police report only and no testimony fr

To convict will require testimony from a witness confirming the contents of the report, which are only hearsay.

The reason for the authorities concern is ex-boyfriend rage can often result in serious injury or death to the victim.

Be careful.

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Answered on 1/18/05, 12:03 pm


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