Child is only witness what is probably outcome at trial.

Asked about 2 years ago - Tampa, FL

Was arrested for aggravated battery and tampering with witness the. Wich is not true the socalled battery is with fiancé and tampering with witness is with her daughter. I nor my fiancé told police,state attorney, or her daughter that I have ever hit her. Her daughter is making up that she saw me hit her mom and that I told daughter I hurt her if she calls 911(tampering w/ witness) my fiancé had a accident that resulted in mark on face the daughter was11 at time of insolent also the day the daughter allegedly saw this she was not even home she spent the night out wich could be verified by kids playmates parents they were there what r the guidlines for a 12 yoa testify also her story changed 3 x's what are the chances she would testifie

Attorney answers (4)

  1. Richard Earl Hornsby

    Contributor Level 17

    7

    Lawyers agree

    Answered . Nobody can tell you the likely outcome of a trial based on this information. Listen to your attorney and take the attorney's advice.

  2. Jonathan Hackworth

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . Mr. Hornsby is correct, it is impossible to tell you whether or not you will be found guilty at trial based on the facts you have provided. You need to retain a Tampa criminal defense attorney and discuss potential defenses. My firm offers free case consultations in these matters. Good luck.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  3. Larry Thomas McMillan

    Contributor Level 15

    3

    Lawyers agree

    Answered . If you have an experienced attorney, listen to him/her.

  4. Joseph Julius Registrato

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . All the lawyers are telling you to listen to your lawyer, which is of course good advice, but probably not the answer you were looking for. What you really want to know is will the child witness be believed? This brings up the question of credibility of witnesses in general, and specifically child witnesses. And the answer is, it depends on the child, how she comes across, whether the jury believes she is making it up or is exaggerating, how the prosecutor handles her on direct, and how your lawyer handles cross. Cross examination of a child must be done VERY carefully, because if the jury thinks you're beating up on the child, they'll find you guilty no matter what the child says because they will immediately feel sorry for the child and forget about the real issues in the case. These are just a few of the realities of jury trial litigation and why it is important to have experienced, competent lawyers on these cases. The biggest mistake for you to make, sir, and one which your lawyer will (hopefully) not make, is to discount the witness because she is a child. Some of them are terrific witnesses because they are persuasive, seem to be telling the truth, are incredibly genuine and are an absolute dream for a prosecutor, while others are non-responsive, don't remember details, don't seem to care or are obviously making it up as they go along. So hire a lawyer, sir, and like all the other lawyers are telling you, do what he/she tells you to do.

Related Topics

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Witnesses in criminal cases

Witnesses to a crime include all people who have seen, heard, or otherwise experienced it. Witnesses may be called to testify in court about their experiences.

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