Are testimony of 1 witness saying that the suspect has confessed to them about a crime enough to find them guilty of a crime if the case goes to trial? my cousin is being charged of ARSON 3rd and criminal mischief. the court decided to indict and wants to take it to the grand jury....if he plea bargains they are only going to give him 5 years probation and convivt of class e felony of criminal mischief.....but he doesnt know wether he should take this to trial or not..........the only proof the prosecutors has is his confession to a friend .....and thats preety much it.....do u guys think he should take this to trial or plea bargain.........he's trying to protect his record.... thank u
2006-12-07 04:51:01 · 8 answers · asked by nabeel l 1 in Politics & Government ➔ Law Enforcement & Police
I think he should plea unless he feels he can beat it. The only way around it would be for his lawyer to try to put emphasis on why his friend would say this against him-time in jail less?money?what? Why would his friend just say this and what does his attorney have to prove different? Yes, you can be charged on one person's testimony. That would be a conviction based on hearsay-Yes.Look up the case Costello vs.US. Otherwise, the lawyer should try to catch the friend up in a lie-the only thing that would take away his credibility with the jury.
2006-12-07 16:10:50 · answer #1 · answered by RoxieC 5 · 0⤊ 0⤋
Well, here is the deal.. This is a good offer if he is guilty. Chances are the prosecutor has more physical evidence to colaberate the information. Yes the testimony of one can successfully put him in prison. If he is guilty he needs to be honest and take what he has coming to him. Confessions to others is very common in this arena for prosecution. People dont usually tell people the did something just for the heck of it....
2006-12-07 05:37:07 · answer #2 · answered by gotseatbelts 2 · 0⤊ 0⤋
chances of getting convicted on hearsay alone is slim to none. I'm not an attorney & this should not be construed as legal advise, but personally, i would not agree to a plea bargain prior to a grand jury meeting. i would also want to check the "witness" criminal background to see if he can be discredited. get a good criminal attorney. they know how to handle the situation.
2006-12-07 05:10:50 · answer #3 · answered by jesims76 2 · 0⤊ 0⤋
I'm a paralegal - not an attorney - but I find it very difficult to believe that the court would indict him based ONLY on hearsay. There has to be evidence that you are not aware of since the court knows they cannot indict based on hearsay and would not have bothered.
2006-12-07 05:25:09 · answer #4 · answered by lunasage 6 · 0⤊ 0⤋
This is not enough evidence for a conviction, the defense attorney should move for a dismissal.... unless you are in Klickitat County Washington, where an intoxicated rumor whispered to a bartender is probable cause for an arrest and eventual conviction.... beware... it has happened here.
2006-12-07 05:22:32 · answer #5 · answered by Gunny T 6 · 0⤊ 0⤋
Anything thing said to the friend is hearsay. They will have to have more evidence to convict him. The DA wants to offer the plea to get a conviction.
2006-12-07 04:58:19 · answer #6 · answered by tallerfella 7 · 0⤊ 0⤋
im sure the prosecution has more evidence than what you think they do; otherwise, they wouldn't be taking it to a grand jury.
evidence at the crime scene?
eye witnesses?
his confession to his friend?
sorry, but it would be best for your cousin to take a plea agreement.
2006-12-07 04:58:23 · answer #7 · answered by arus.geo 7 · 0⤊ 0⤋
Larry did you're taking a pizza? a minimum of that "low point" pair of eyes observed it, in all probability a digital camera observed it, and except the pizza thief is a familiar time loser...there could be yet another document in ink someplace.
2016-10-14 05:19:11 · answer #8 · answered by ? 4 · 0⤊ 0⤋