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  1. #1
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    Default Can a Victim Be Required to Testify Against a Criminal if There is Video Evidence

    My question involves criminal law for the state of: California
    This was an attempted armed robbery where the suspects had a weapon and demanded my keys and wallet. I drove off really quick with them chasing my car. The entire event was caught on camera. I made a mistake by reporting the crime. A detective called me down to the station recorded me and had me attempt to identify the suspects which I had a hard time doing since it happened so fast, but I thought that was the end of it especially since it was clearly caught on a camera mounted on a building about 12 ft from my car which clearly revealed the suspects. However I got a call from the detective which left me a voicemail to tell me he had a subpoena for me to testify in court. I've been in therapy each week even before this happened to me since i suffer from schizotypal disorder and anxiety. The idea that I may be forced into a court room full of people and to have to testify against the people who want me dead looking at me has caused a severe amount of stress, I haven't been able to eat since I've gotten that voicemail. I am terrified and feel that this is unfair, I should have the right to have nothing else to do with this case, but it seems as if I don't. From what I read online far too much is that Its simple, You go to court and testify or go to jail, your choice. I also read something regarding quash but it doesn't guarantee that the judge will allow it. Please inform me of my rights, what can I do besides suicide to get me out of this crap that they are trying to put me threw?

  2. #2
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    Default Re: Forced to Testify Against Criminal Even when There is Video Evidence

    You can't be compelled to testify against yourself. You can be compelled to testify against others.

    If you are that upset about it speak to the prosecutor and explain your situation.

    I don't know why you say you made a mistake reporting the crime.

  3. #3
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    Default Re: Forced to Testify Against Criminal Even when There is Video Evidence

    Giving the police a statement and identifying those that committed the crime are not the same as testifying in court. You need to testify so you can be cross examined by the defense.

  4. #4
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    Default Re: Forced to Testify Against Criminal Even when There is Video Evidence

    A defendant has a right to confront their accuser in court.

    It says so right here in the 6th amendment of the US Constitution;

    Amendment VI

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

  5. #5
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    Default Re: Forced to Testify Against Criminal Even when There is Video Evidence

    Quote Quoting jk
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    A defendant has a right to confront their accuser in court.

    It says so right here in the 6th amendment of the US Constitution;

    Amendment VI

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
    While that’s true, that is not what prompted the prosecution’s subpoena. The sixth amendment right to confront one’s accuser means that the defendant has the right to cross-examine the state’s witnesses against him/her. The state need not call any particular witness if it chooses not to do so, but then that person’s testimony won’t be heard by the court (jury) and cannot be used against him.

    Instead, the prosecution is issuing the subpoena because he/she wants the victim’s testimony to help make the case against the defendant. The reason that the witness may be compelled to testify pursuant to the subpoena is the state law that grants the power of subpoena and provides for the sanctions for those who do not comply with them. In other words, the witness here is not compelled by the Constitution to testify, but rather by the state law regarding subpoenas. Once the witness gets on the stand to testify, the defendant’s sixth amendment Constitutional right to confront his accuser will kick-in, allowing his lawyer to cross-examine the witness.

  6. #6
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    Default Re: Forced to Testify Against Criminal Even when There is Video Evidence

    It was a mistake to report the crime because its caused nothing but more problems. This was an attempted armed robbery caught on camera. They were not able to take anything. If I would have simply went about my business after i thankfully got away from the suspects instead of reporting it, I wouldn't be going threw this crap now. It seems to me that even when your a victim of a crime that once you report it, you then change from victim to a suspect even when its caught on camera.

    Quote Quoting Mercy&Grace
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    Giving the police a statement and identifying those that committed the crime are not the same as testifying in court. You need to testify so you can be cross examined by the defense.
    But this was caught on Video. The officer showed me the video evidence after he informed me that I picked out the wrong people from the pictures he showed me. What defense do they have over CLEAR EVIDENCE!? What more can I say?!! I Didn't look at the suspects long enough to even remember, but the video has them, he even zoomed in on their faces! Two clearly hispanic males running up to my car with weapons, then me speeding off, What is the need of a cross examination when the video in the detectives possession clearly shows the entire event?! The Video evidence knows more than I do! This is INSANE

  7. #7
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    Default Re: Forced to Testify Against Criminal Even when There is Video Evidence

    Quote Quoting Taxing Matters
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    While that’s true, that is not what prompted the prosecution’s subpoena. The sixth amendment right to confront one’s accuser means that the defendant has the right to cross-examine the state’s witnesses against him/her. The state need not call any particular witness if it chooses not to do so, but then that person’s testimony won’t be heard by the court (jury) and cannot be used against him.

    Instead, the prosecution is issuing the subpoena because he/she wants the victim’s testimony to help make the case against the defendant. The reason that the witness may be compelled to testify pursuant to the subpoena is the state law that grants the power of subpoena and provides for the sanctions for those who do not comply with them. In other words, the witness here is not compelled by the Constitution to testify, but rather by the state law regarding subpoenas. Once the witness gets on the stand to testify, the defendant’s sixth amendment Constitutional right to confront his accuser will kick-in, allowing his lawyer to cross-examine the witness.
    The op must testify to the crime itself taking place and must identify the defendents in court unless there is independent proof of the crime and identities. The video sounds like it supports the op's claims but it cannot testify to the actual crime taking place. You need a victim in most cases.



    So, with the op being the accuser and only witness (I presume) the requirement of the op testifying would not be optional.

  8. #8
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    Default Re: Can a Victim Be Required to Testify Against a Criminal if There is Video Evidence

    If there is video evidence and the defendants believe that the victim is going to testify, the odds of a plea bargain go up significantly. If the defendants believe that the victim is not going to show up in court, then they're more likely to push for a trial.

  9. #9
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    Default Re: Forced to Testify Against Criminal Even when There is Video Evidence

    Quote Quoting jk
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    The op must testify to the crime itself taking place and must identify the defendents in court unless there is independent proof of the crime and identities. The video sounds like it supports the op's claims but it cannot testify to the actual crime taking place. You need a victim in most cases.

    So, with the op being the accuser and only witness (I presume) the requirement of the op testifying would not be optional.
    It may indeed be the case that the prosecution needs the victim to make its case. But it is still the case that victim’s attendance at the trial is not compelled by the 6th Amendment. It is compelled by the state law that empowers subpoenas.

  10. #10
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    Default Re: Forced to Testify Against Criminal Even when There is Video Evidence

    Quote Quoting Taxing Matters
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    It may indeed be the case that the prosecution needs the victim to make its case. But it is still the case that victim’s attendance at the trial is not compelled by the 6th Amendment. It is compelled by the state law that empowers subpoenas.
    I'm not disagreeing with you. I've jumped ahead a few spaces in my statement as to why, if the state wants to prosecute the case, the 6th does apply. The op is the accuser. (Again presuming there are no other victims) unless the op testifies to the crime that took place, the state cannot prosecute them.

    Or inversely;

    (Again, presuming op is the only victim) if op does not testify, the state cannot prove a crime (or at least the attempted carjacking) took place. That means while the 6th does not and cannot compel a person to testify, in the practical sense it does exactly that.



    But if if you refer back to the op's original post, he made these statements;

    I should have the right to have nothing else to do with this case

    Please inform me of my rights,



    it
    is because of the defendants 6th amend rights op must testify.


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