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  1. #1
    Join Date
    Jul 2010
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    29

    Default What Happens when a Witness Moves

    My question involves criminal law for the state of: South Carolina

    If a person is accused of 1st degree burglary but the witness moves and refuses to come back and testify does the DA still have a case. DA doesn't seem to be able to find their only withness in the case.

  2. #2

    Default Re: What Happens when Witness Moves

    Only the DA can answer that question. We can't read the case file from here to know what they're basing the case upon. DAs also have the ability to do things like issue warrants for arrest for witnesses who fail to appear, and to ask for continuances to allow for time for witnesses to be located.

  3. #3
    Join Date
    Jul 2010
    Posts
    29

    Default Re: What Happens when Witness Moves

    Basically the evidence is that the witness said a person broke into her house and she is the only witness. If she has moved and there is no other evidence that she said he broke into her house how can they convict if she has moved and doesn't intend to come back and testify. The DA says that he can use her statement to the police but doesn't that take away the defendent's 6th amendentment rights to face his accuser? The whole case hinges on whether the defendent had her permission to be there which he says he did and her saying he didn't. The DA doesn't know where she has moved and she seems to be hiding from him.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: What Happens when Witness Moves

    There are situations where a sworn deposition can be used, but not usually in a situation where the DA simply can't find the witness, much less the only witness. However, a statement to police is not a deposition and is not sworn under oath. I do not see how that is admissible. Don't you have an attorney to ask?

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