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a family memeber will have a trial for grand theft and she is inncoent but as you could imagine its not easy and she is pregnant on top of everything. its a grand theft charge and she will have trial for the first time on the 23rd. what can she expect from that day. the other part has failed to present evidence that her lawyer asked for nor in the recovery or after the lawyer asked for it and the trial stars on the 23rd. please help us understand the situation . ( by the way its the first time ever she has been in something like this as they call her first time offender)

2007-10-15 07:48:48 · 3 answers · asked by Anonymous in Politics & Government Law & Ethics

on what evidence will the jury base their desition , in my understanding arent they supposed to have like a video or something like that showing what there claiming. would that be the crucial evidence in a theft charge? or canthey just rely on what she said in middle of all the caos? you see she said yes because they said she would not go to jail if she said so and if she paid . so i guess she said to herself ok if i just say yes and pay even when i did not take the money i wont go tojail . so go figure what she did , she was alone with a bunch of people having her under presure then after she said yes they called police.

2007-10-15 07:55:22 · update #1

3 answers

In a criminal trial -- the prosecution cannot call the defendant as a witness -- that's prohibited. Only the defense can call the defendant as a witness.

So, unless the trial is only one day -- there is no possibility of the defendant being called. And once the defense begins its case, it's up to the defense attorney when (if at all) the defendant takes the stand.

The evidence that they jury will consider will consist of anything presented by the prosecution, then anything presented in rebuttal by the defense -- within the limits of the rules of evidence for what is admissible.

2007-10-15 08:43:46 · answer #1 · answered by coragryph 7 · 1 1

The prosecution can not call the defendant to the stand. The defense lawyer can, however if he does then the prosecution has the opportunity to cross examine the defendant. Many defendants do not take the stand in their own defense.

Additionally, the prosecution goes first. They make their case and then the defense presents their case.

On the discovery (not recovery) issue, let her lawyer do his job.

2007-10-15 14:55:08 · answer #2 · answered by davidmi711 7 · 0 0

the above answer is correct, my addition is, most general public are not aware anyone can sit in on a trial, weather involved or not.

You have so many questions because you are not familiar with court procedure.

You also are able to do this, the list of court cases are posted in front of the doors before you enter, also the names of the people, and the times.

this may help you.

2007-10-15 14:59:40 · answer #3 · answered by Anonymous · 0 0

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