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How is it legally possible for the Municipal Judge to convict me without the testimonies of the victim and witnesses?

Wichita, KS |

I ended up getting found guilty even though I denied ever committing the charges.
The victim and witness did not show up. This is NOT a domestic case so I believe special statutes regarding the victim's appearance to testify are not applicable.
The only person that testified against me was the arresting officer.

Attorney Answers 2

Posted

All that is needed is evidence, not from any particular witness. If you did not object to hearsay, the judge took it into account.

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Asker

Posted

Can you further explain what is considered evidence and give me some examples please? Is a written statement by a witness considered evidence? I was charged with battery; the officer said he seen blood on my hand (which I assume is hearsay) BUT he did not take any pictures of me. All I can think of that is against me is the witness's written statement, police officer's observation of blood on my hand and injury to victim's face (not sure if there were pictures of his face taken). I did not have a lawyer so I got shafted hard.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

Police officer's testimony about observations = evidence. Witnesses statements are hearsay but are admissible unless someone objects.

Asker

Posted

Wow that is rather surprising, is this applicable in all States as evidence? That is kind of outrageous if you ask me, for all I know they could be corrupted and lying about anything to help the court get a conviction (which means both the officer and court profit from the conviction in some way). So just because the officer had experience and training, his testimony is "golden"?

Posted

Yes, the judge can find you guilty based solely on the testimony of the officer if he provides evidence of each element and the judge believes it beyond a reasonable doubt. Your denial did not convince the judge that a reasonable doubt existed. This is galling, but happens regularly.

Legal disclaimer: Legal disclaimer: Patrick M. Lewis, (913) 558-3961, patricklewislaw@gmail.com. This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.

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