Legal Question in Criminal Law in Minnesota
Testifying
I am involved in a domestic abuse case in which I am the victim. My question is do I have to testify if they can't find me to subpoena me and also what evidence can be brought to the trial if I am not there to testify. Thank you
1 Answer from Attorneys
Re: Testifying
Chances are that, if the matter does proceed to trial, the prosecutor may file a Motion to intoroduce as evidence your statements to police based on your unavailability. there are many exceptions to the hearsay rule that may also apply with regard to statements you made, such as excited utterances. Defense counsel will, of course, contest the introduction of that evidence.
In short, the prosecution's case is significantly weakened, but it is not dead.
For criminal defense representation call 612.240.8005.
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