Q: if a person has a delivery of controlled substance in the state of tx but the ci is not available for trial credibility
can that be apart of defense
A: Unless the defendant enters a plea of guilty or no contest, the prosecution will need to prove every element of the offense beyond a reasonable doubt. Talk to your criminal defense attorney about whether or not this particular missing witness is likely to have any impact on your specific case.
Roy Lee Warren agrees with this answer
A: Thanks for your question. I agree with Ms. Pace. This can be a complicated area of the law because of the hearsay rule and exceptions for non-availability of the witness. You have the right to confront those accusing you so I see that as a problem for the DA. Best of luck to you.
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