Legal Question in Criminal Law in Colorado

My daughter and I are involved in a criminal case against my father (her grandfather). Is there any way to get her statement into evidence without her having to testify?


Asked on 10/21/11, 8:38 am

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Her written statement can be used as evidence in the Court file prior to trial. If the offense goes to trial, any statement in writing violates the defendant's constitutional right to confront witnesses. The statement, if not given from the witness stand at trial, is also hearsay.

The State is represented by a DA. The defendant is represented by an attorney. The victim/witness is left without counsel, and is often threatened by the DA (and feels very threatened by the defendant). Do not believe that the DA is in the witness's corner. The DA has a duty to prosecute. The defendant's attorney has a duty to defend. Witnesses need someone to help protect THEM. I have previously stepped in to represent the witness. I work to ensure the witness is not forced to testify. Take action, get someone on HER side.

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Answered on 10/21/11, 11:46 am


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