Asked in Criminal Law for Ohio

Q: It it’s her word against mine. No text, no encounter. What are the odds of justice when that happens.

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3 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: That is still not hearsay.

It will depend on who the jury believes

Dimitrios Makridis agrees with this answer

Brian Smith Esq
Brian Smith Esq
PREMIUM
Answered
  • Criminal Law Lawyer
  • Rocky River, OH
  • Licensed in Ohio

A: There is not enough information here to be able to answer your question. You raise an issue that often comes up in criminal cases though - is witness testimony enough to convict without other evidence? The answer is that it can be enough. Criminal cases may ultimately result in a jury trial. Along the way, a good criminal defense attorney will attempt to keep out as much evidence as possible that the State plans to use. The jury will evaluate the evidence they are presented with to make a determination of whether the State proved each element of their case beyond a reasonable doubt. This is a very high standard. If the State only has witness testimony, it may be more difficult for them to reach this standard. However, a jury can find the witness testimony credible and, if so, might find it is credible enough to prove guilt beyond a reasonable doubt. A good criminal defense attorney may be the best defense against such a result.

Dimitrios Makridis agrees with this answer

Matthew Williams
Matthew Williams
Answered
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: The question of credibility is left to the trier of fact either a judge or the jury depending upon the defendant’s choice. The judge or the jury is permitted to believe or disbelieve testimony. The testimony of a single person, if believed, is sufficient to convict. So it really matters what everyone says and who the judge or jury believes. A true he said she said case is tough for a jury.

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