Tuesday, May 21, 2013

No Victim, No Problem

Does a prosecutor need the victim of Domestic Violence to testify in order to obtain a conviction?  The answer is not always.  The easiest way for a prosecutor to move forward with a case without the alleged victim is when there were other people present to personally witness the event.  This happens often in Las Vegas because of the nature of the town.  Las Vegas encourages drinking alcohol in order to ease inhibitions with money, particularly for gambling.  In some people, this can cause large amounts of stress or loss of control.  This can lead to verbal arguments and sometimes physicality.  Some of these events occur in casinos.  If an event of Domestic Violence occurs in a casino, it is very likely that there will be witnesses to the event other than the victim, so the prosecutor does not need the victim to testify as to the event because they have a third party that can testify that "I was there, and I saw the woman hit the man with her purse."  In most situations, a prosecutor does need an alleged victim to testify as to an event because the only witnesses to the event were the alleged victim and the defendant.  It is still very important to have a competent attorney representing you as sometimes prosecutors will attempt to use tactics which can be challenged as unconstitutional or illegal in some other way.
If you have been charged with BatteryBattery Domestic Violence, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.

No comments:

Post a Comment