Legal Question in Criminal Law in Texas
In an assault case, doesnt the complaining witness have to show up to trial inoder to get a conviction?
Asked on 4/21/10, 7:54 am
2 Answers from Attorneys
Pat Montgomery
Board Certified in Criminal Law by the Texas Board of Legal Specialization
Crawford is a consideration
Answered on 4/26/10, 8:41 am
Paul Walcutt
Law Office of Paul Holt Walcutt
What the other attorney is describing is a Supreme Court case which under the right circumstances may allow the State to get enough evidence in without the presence of the complaining witness. They may be able to use her hearsay statements to the 911 operator, police officers on the scene, and other witnesses the State may call to prove that another person committed the assault. This is a matter I would recommend you discuss with your attorney.
Answered on 4/26/10, 3:38 pm
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