4 th degree assault
Q/A
Q; In a 4th degree assault charge can I ask for the case to be dismissed at a readiness hearing due to No evidence or witnesses what so ever on the alleged victims side that a crime was even committed. And at this point the county prosecutors office has taken over the case and has been putting it on the back burner for 2 years now.
A; you can always ask, but I doubt you will get a dismissal. The ''he said, she said'' scenario is why they try cases. The statement from one person is evidence and that is sufficient for the prosecution to proceed. Then a jury must determine the credibility of the person making the statement and based on that will determine guilt or not.
Q: Does the person that made the statement have to be present the day of the jury trial or is their police report (only) substantial for the jury to proceed on with out the said person being there. If so, how is it possible for the jury to determine the credibility of the person making the statement? Solely off cross-examination of the defendant? isnt there some kind of statue in rights to a speedy trial? with or with out a waiver signed.
Re: 4 th degree assault
PLEASE . . . get a lawyer. Your questions emphasize your lack of understanding of criminal procedure.
If you cannot afford to hire an attorney, apply for a court-appointed lawyer.
I can assure you that an internet Q&A bulletin board is no substitute for legal advice particular to you case. And most answers you get for your questions (as brief as they necessarily must be) will only lead to more questions.
By the way, the police report is not evidence . . .but that doesn't mean there is then no evidence against you.
