Lynd, MN asked in Criminal Law for Minnesota

Q: My bf was charged with domestic assault. How do I play the difficult witness card.

I asked the prosecutor to drop the charges as I just wanted him to leave that night. She would not drop them but offered a deal of disorderly conduct. He refused the deal. I will be subpoenaed to testify. I’ve been told without me the witness there is no case and I can be difficult or uncooperative. What does this mean?

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: The prosecution has the burden of proving guilt at a criminal trial, with evidence. Normally hearsay (an out-of-court-statement offered-to-prove-the-truth-of-the-matter-asserted) is inadmissible at trial (is not evidence). As a result, if the prosecution's key or sole witness does not appear to testify at the trial, the prosecutor may be forced to dismiss the charges if they lack other admissible evidence to make their initial showing of proof. Research that, or call a criminal lawyer.

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