Legal Question in Criminal Law in Texas

Do you have the right to question your accuser? I was accused of theft of property over 20k and under 100k. The person who acused me has passed away.


Asked on 1/08/10, 3:44 pm

1 Answer from Attorneys

Paul Walcutt Law Office of Paul Holt Walcutt

Yes, the 6th Amendment to the US Constitution and the Texas provides that in all criminal cases, you have a right to confront your accuser. Part of a theft charge that the State has to prove is that you took the property without the owner's consent. Unless they can introduce some form of permissible hearsay to prove that element of the crime, you may be entitled to a directed verdict.

I would suggest discussing this issue with your attorney. He or she will be able to explain whether or not this can be used to force the State to dismiss or at trial.

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Answered on 1/19/10, 1:22 pm


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