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Right to confront accuser and domestic violence

Columbus, OH |
Filed under: Domestic violence

I have been charged with an M4 domestic. My wife wants the charges dropped but I know that these types of cases are usually picked up by the state. Anyway if she does not show up in court and based on my right to confront and cross examine my accuser can I get the charges dropped? Also would I argue this at a pre trial or wait till trial? I am representing myself so hiring an attorney is not an options so as much help as possible would be appreciated.

Attorney Answers 2

Posted

If there is nobody available to testify about the alleged offense, the case will be dismissed for lack of evidence. It has less to do with confronting your accuser than it does with having evidence proving you committing a crime "beyond a reasonable doubt". However, sometimes the case can be "made" based upon testimony of other persons who witnessed the offense or physical evidence found. Also, the case may be continued in order for your wife to be compelled to appear before the Court. Hiring an attorney would be prudent.

IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: piperlawoffice@gmail.com.

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Posted

That is a technical question. If there are other witness the prosecution might be able to prove their case against you. If the prosecution attempts to get het statements into evidence without her you want to object on confrontation and evidentiary issues. You really need a lawyer

My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.

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