Q: The state is prosecuting on possession of weapon and aggravated assault with deadly weapon. The victims has recanted and
There wasn’t a gun to recover but a person claim the seen the defendant with a gun and is the only one that is constantly saying so. The state says they don’t believe the victims recant so they proceeded with the case. Why is this possible?
A:
There appear to be two witnesses here. One witnessed the assault (the victim). The other witnessed the defendant in possession of a firearm (the other witness). There is nothing to stop the state from attempting to prove the charge. There isn't a motion to dismiss or something like that that can be filed on a criminal case.
The defendant should hire a criminal defense attorney to review the case and prepare the case for trial. If the gun wasn't recovered, they the state have trouble establishing that it was an actual firearm (as opposed to a replica or bb gun for example). If the victim isn't testifying to the assault, then the state will have an extreme amount of difficulty in proving that charge.
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