Legal Question in Criminal Law in Colorado

If envolved in a domestic violence case after the state picks up the charges, is victim required to testify during trial? And if the victim does not testify during trial, can they still convict the defendant?


Asked on 5/19/11, 2:30 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

There is no initial requirement that the alleged victim give testimony. However, if that witness is properly served a suboena, they can face charges against them for violating that properly served court order. If the alleged victim is not served a subpoena, and does not testify, the defendant can not be convicted (absent very unusual circumtances).

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Answered on 5/19/11, 8:50 pm


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