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Is it true you have the right to confront your accusor

Brooklyn, NY |
Filed under: Civil rights

Can this issue be brought up? Even if da claims its for safety but thats not true because the person keeps trying to contact me I have the proof so can I use that right to confront accusor if they plan on going to trial?

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Attorney answers 3

Posted

the right to confront applies only to a trial. If the case goes to trial, your accuser will have to come to court to testify

Asker

Posted

Even if the person isn't cooperating with them and they still decide trial is that an argument I can raise

Jay K Goldberg

Jay K Goldberg

Posted

There are ways to prosecute a case without a complaining witness, depending on the type of case. For example, in certain situations, a 911 tape of the complaining witness calling for help can be used. But these situations are unusual and fact-specific. You need to consult with your lawyer. If you are not satisfied with that lawyer, you should consider hiring someone else.

Asker

Posted

I may do that so your saying a 911 call can be the tool that helps without victim would that be easy win for them?even if there was some evidence on my side

Jay K Goldberg

Jay K Goldberg

Posted

I cannot comment without knowing all facts. If you wish to arrange a consultation, please call my office on Monday. You can get my contact information by clicking on my photo.

Posted

Assuming the DA needs the accuser to make out a case (and the DA doesn't alwyers) your lawyer will have the right to cross-examine the person during the trial.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Posted

There are certain situations where the DA may be able to prove its case without the accuser testifying. One example would be if there were other witnesses to the crime.

Best of luck to you.

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