Legal Question in Criminal Law in Iowa
My question is: If you go to trail and the victim pleads the 5th for DV what could happen?
Asked on 8/07/09, 1:17 pm
1 Answer from Attorneys
Robert Luedeman
solo practitioner
Nothing, because victims do not plead the fifth. That's only for guilty people who don't wish to speak. If you mean that they don't testify, often it doesn't matter-depending on how much testimony there is from the interviewing officer about what they saw. In addition, the officer could testify as to what the victim said under the excited utterance or present sense impression exception to the hearsay rule.
Answered on 8/07/09, 5:53 pm
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