Legal Question in Criminal Law in California

Re: domestic violence spouse

Generally the statements by the victim made to law enforcement are inadmissible without the victim in court. In most cases, if the victim is absent the case cannot proceed to trial as defendant is entitled to face his accuser. It could be that the prosecution is going to take the case to the very last day when they can start trial in hope they can locate and find the victim at the last moment. Just because the victim took the 5th at Prelim does not mean he/she will do so at trial.

Even if the victim takes the 5th at trial, theoretically the prosecution could force her/him to testify by granting immunity.

It is also possible, under certain circumstances, that the case could be tried without the victim's in-court testimony by admitting into evidence prior statements made by the victim to people other than law enforcement, such as paramedics or other witnesses, for example.

It is difficult to say exactly what is going on in your case without knowing all facts. The defense attorney should know and should advise his client of all the possibilities.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com