Legal Question in Criminal Law in Virginia

What if a witness can not attend?

My boyfriend was charged with drunk in public and cursing in public. He did not take any field sobriety tests. We have a witness, who was completely sober and can vouch for my boyfriend for being sober as well. However the witness can not attend his trial on February 2. Can they still use his testimony?


Asked on 1/24/07, 6:16 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: What if a witness can not attend?

No, assuming the trial will take place in the general district court on the DIP(Drunk in Public)charge, hearsay evidence(out of court statements by the witness offered for the truth of the matter) would not be permitted.

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Answered on 1/24/07, 6:58 pm


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