A Face to face Eye witness was given photo line up and upon ID of person in question stated, "this looks most like the person but i cant say for sure"....
Does the witness need to be SURE BE SURE BEYOND REASONABLE DOUBT.
You've confused a couple of things. The prosecution has to prove its case beyond a reasonable doubt; witnesses aren't required to testify whether they are certain beyond a reasonable doubt (and it would probably be misconduct for a lawyer to ask that question).
The statement isn't grounds for dismissal itself. The DA could still elect to take the case to trial.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
The Identification evidence goes to the weight of the total evidence. An attorney skilled at cross examination should be able to establish that the ambivalence of the witness is insufficient to convict beyond a reasonable doubt.
In a word, no.
Your guilt must be proven beyond a reasonable doubt at trial, but there could be other things that support the identification.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
I agree with the other attorney answers here. Certainly, the ID as described sounds weak. I cannot answer whether the case should be dismissed given that I don't believe we have all the facts. In the end, the prosecution must believe that they can prove the case by proof beyond a reasonable doubt before filing any criminal charges. After filing, they cannot prevail unless they prove their case by proof beyond a reasonable doubt whether to a court officer or a jury of 12. Bottom line is that if you were arrested for a crime, you should seek out the services of a local criminal defense attorney to protect your rights. Good luck.
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