My boyfriend was recently accused of domestic violence against me. I have stated that the alleged incident did not happen but I know as the victim I have very little say in the matter. I believe that the strongest (and pretty much only) evidence that the prosecution has to use against him is the statement made by the neighbor who called police after hearing our argument. What the "witness" heard was extremely misinterpreted. If the neighbor does not testify, can what they told police they heard still be considered evidence under the 6th amendment?
Of course and the Prosecution can force the neighbor and you to testify via subpoena. Please have your boyfriend obtain counsel. He would be very, very foolish to try to handle this on his own.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
He need an experienced criminal defense attorney to advise him on his issues. Then the report is obtained and read and how it is written and the words the officer uses are very important. Get an experienced criminal defense attorney. Good Luck. I wish I was closer to you but I live in Moses Lake and that is 3 hours away so get an attorney locally.
Criminal Defense Attorney
Generally no although there are exceptions. You need to review for specific hearsay exceptions but the Confrontation Clause is one of the most powerful weapons available to the defense. A savvy, bold veteran attorney can deploy this right to maximum benefit. Call soon for assistance.
At Your Service,