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  1. #1
    Join Date
    Apr 2010
    Posts
    22

    Default Will the State Go After the Victim if the Defendant is Found Not Guilty

    My question involves criminal law for the state of: sc

    In a cdv matter. Im curious to know. If the defendant of the cdv is found not guilty, will the state go after the victim of the cdv?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Will the State Go After the Victim if the Defendant is Found Not Guilty

    ...for what?

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Will the State Go After the Victim if the Defendant is Found Not Guilty

    Your supposed question has NOTHING to do with post conviction relief.

    What do you mean? If the victim LIES? If it is he said, she said, then there is only a question for the jury, and nobody could really prove who is telling the truth. If there are witnesses or other evidence, then both parties and their lawyers know about it, and if it is bad for the prosecution, the case will never go forward.

    Generally, the state's witnesses and the complaining witness are NEVER going to be charged with perjury, even if they perjure themselves on the stand. I have seen that lots of times, the state never prosecutes its own witnesses. They will prosecute witnesses for the defense who commmit perjury.

    If on the other hand, you mean changing your testimony on the stand to get the husband off and taking the prosecution by surprise, then there is a good chance you will be prosecuted. Do YOU have an attorney? If you did, he would not let you commit perjury, and it is his duty to reveal such to the court. In that case the court could hold you in contempt or recommend to the state attorney you be prosecuted for perjury.

    Not really sure if you are leaving alot out or you are just a moron. Lots of luck in either case.

  4. #4
    Join Date
    Apr 2010
    Posts
    22

    Default Re: Will the State Go After the Victim if the Defendant is Found Not Guilty

    well in the victims statement, it states that this person hit the defendant, but doesn't say anything about the defendant hittig them, just that a grab occured, pretty much nothing on the defendants behalf. So why did the state charge the defendant for cdv?
    Im asking cause if your found not guilty, wouldn't that mean the victim lied in the courts eyes maybe???

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will the State Go After the Victim if the Defendant is Found Not Guilty

    Not necessarily. There's a gap between not having sufficient cause to someone being found guilty beyond a reasonable doubt and even probable cause the witness lied. It's up to the prosecutor to determine if there is probable cause that false statements and if he thinks prosecution is warranted.

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