Legal Question in Criminal Law in California

If a witness is telling 2 different stories at the preliminary hearing and another different story in the police report, is his creditability good enough to take a case to trial on a robbery when there NO other evidence besides his word? (Basically a he say she say case)

Asked on 8/25/13, 8:41 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green
0 users found helpful
0 attorneys agreed

The DA can always take it to trial, it would be up to the defense to discredit the witness. But the inconsistency won't prevent it from trial.

Read more
8/25/13, 9:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman
0 users found helpful
0 attorneys agreed

Credibility is for the jury to decide. There is no law that forbids the D.A. to go to trial in this situation. She might decide on her own that the case is to weak, but that is a judgment call for her to make.

Read more
8/26/13, 10:38 am

Related Questions & Answers

More Criminal Law questions and answers in California

Looking for something else?

Get Free Legal Advice

8806 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Terry A. NelsonNelson & LawlessRiverside, San Bernardino & LA, CA
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now