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  1. #1
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    Default Will a Jury Believe Eye Witnesses Over the Defendant

    My question involves criminal law for the state of: Any ...Two eyewitnesses said I kicked a guy while he was on the ground in a bar fight resulting in a broken nose,could I argue that they were drunk and taking the other parties side because they knew them ,another guy was the one that hit him in the face I know this because I was in front of them and the witnesses were back a little and this was a low lit bar how can they say I broke his nose? Also could I be extradited to another state for it and how bad would it be since this happened around 4yrs ago and I never showed for court? Do you think if I took it to a trial if it came to that I would be convicted? How could they prove his injury came from me? Also would the staute of limitations be tolled? I heard the other guy that was involved who hit him hired a lawyer and got a public drunk charge why Iam I facing an assault.Thank you for your time.

  2. #2
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    Default Re: Will a Jury Believe Eye Witnesses Over the Defendant

    Quote Quoting only1
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    My question involves criminal law for the state of: Any ...Two eyewitnesses said I kicked a guy while he was on the ground in a bar fight resulting in a broken nose,could I argue that they were drunk and taking the other parties side because they knew them
    Your attorney can try and raise reasonable doubt by questioning their sobriety and their loyalty to their friend, sure. That doesn't mean the jury won't believe them, only that your attorney can try and make a convincing argument that they were quite impaired and overly loyal. Though if their reasonable attentiveness and lack of being in a drunken stupor is affirmed by the cops, that argument fails.

    Think about it ... if he was on the ground and you were putting the boots to him, even a drunk would probably remember that. They'd have to be REALLY wasted to have gotten that wrong! And, loyalty, well, I suppose that could be argued if there was no other evidence aside from their statements that you kicked the guy on the ground.

    As a note, your attorney is not too likely to put you on the stand to testify about much of anything. Once on the stand, the prosecutor will be able to ask you questions pertaining to your guilt and you will have to answer. "Did you kick the victim? Yes or no, please."

    another guy was the one that hit him in the face I know this because I was in front of them and the witnesses were back a little and this was a low lit bar how can they say I broke his nose?
    Depending on what statute you are specifically charged with and the laws in your unnamed state, they may not have to state that you broke his nose - only that you kicked him when he was on the ground.

    And your attorney can certainly raise the issue of the witness' locations to try and raise reasonable doubt.

    Also could I be extradited to another state for it
    Sure. If a warrant is issued and the state wants you they can have you extradited.

    and how bad would it be since this happened around 4yrs ago and I never showed for court?
    If a warrant was issued then you are a fugitive.

    Do you think if I took it to a trial if it came to that I would be convicted?
    We have no way to know the strength of the state's case in an unknown incident involving unknown crimes alleged in an unidentified state, so no one can answer that one.

    How could they prove his injury came from me? Also would the staute of limitations be tolled? I heard the other guy that was involved who hit him hired a lawyer and got a public drunk charge why Iam I facing an assault.
    The other guy's lawyer probably pointed the finger at you and he negotiated a deal to a lesser offense to avoid the bigger one.

    The SOL will not apply if you fled the jurisdiction prior to the tolling of the SOL or if a warrant was issued within the SOL.

    You might consider hiring an attorney to research this for you.

  3. #3
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    Default Re: Will a Jury Believe Eye Witnesses Over the Defendant

    If two people hit the same person in a fight how could they determine who did the damage,should'nt they be charged the same. What if the other guy in the case already went to court and got out of it with nothing but a public drunk charge would they have to reopen the case and charge both with the same charge.

  4. #4
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    Default Re: Will a Jury Believe Eye Witnesses Over the Defendant

    There doesn't have to be attributable damage to sustain a criminal charge. If you struck him, that is all that is really needed. I don't know your unnamed state's laws but it could be assault,battery or some other statute your unnamed state has. No, they do not have to re-open the other person's case. He likely plead out to a lesser charge, end of his case.

  5. #5
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    Default Re: Will a Jury Believe Eye Witnesses Over the Defendant

    Quote Quoting only1
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    If two people hit the same person in a fight how could they determine who did the damage,should'nt they be charged the same. What if the other guy in the case already went to court and got out of it with nothing but a public drunk charge would they have to reopen the case and charge both with the same charge.
    Not only will they NOT reopen the other case, but they CANNOT as it would likely constitute double jeopardy.

    If this were my state, kicking someone on the ground could be a felony under PC 245 for using force likely to cause great bodily injury or death. The state would not have to prove that you DID, in fact, cause cuh an injury, only that you kicked him while he was down and that act constituted a risk of bodily injury or death.

    Since you have not indicated what state you are in and what statutes you have been charged with, we cannot say what might happen. It could be that the state would try you for inflicting the injury and if they did, you might be able to raise some reasonable doubt that the injury was caused by you. However, I suspect they will either charge multiple offenses or will go with the one they KNOW they can prove rather than the one that might be more dodgy.

  6. #6
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    Default Re: Will a Jury Believe Eye Witnesses Over the Defendant

    They listed two counts one is an assault in the third degree, count two is assault in the fifth degree.I really don't see how the third degree one would stick because how would a broken nose be considered substantial bodily harm,also I have been in touch with the courthouse to get this handled Im going with a court appointed lawyer but would it be wise to hire attorney how serious could this get.Also at time the incident occurred I was interviewed by the police when they showed up and not arrested.

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