Is there other evidence that can be used if a victim pleads the 5thin CSC case? 5 Answers as of June 28, 2011

In CSC case, If the victim is not going to testify, is planning on pleading the 5th, has been subpoenaed, and the Prosecutor knows this and plans to use the transcript from the preliminary exam and photos of victims bruises can the victim not show up? If so will the case be thrown out? What should the Defense Attorney do to win? What can the victim do to plead with the Prosecutor not to proceed with the case?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Breczinski
Michael Breczinski | Michael Breczinski
Why is the person pleading the 5th in the case is the first question that should be answered. Did they lie at the preliminary exam? This would make a difference in how the question is answered. This question needs a lot more facts to be answered properly. Talk to your attorney.
Answer Applies to: Michigan
Replied: 6/28/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry You present a difficult set of circumstances. the best answer is to discuss all of this with your attorney. The e-mail cannot possibly take into account all of the considerations, and I am sure that there are many facts not provided here In general, the prosecutor could treat the victim as "unavailable" and use the Preliminary Examination transcript of prior sworn testimony, subject to cross examination, as evidence at trial. If the evidence from the Preliminary Exam is strong enough, and if there is other supporting evidence, then the Prosecutor will be hard pressed to consider dropping the case. It depends on many circumstances, but the victim may even put the defendant in a better position if they testify at trial and recant the story. However, this is risky business, and not until all of the facts are evaluated should this be considered. Too many factors could make this a terrible decision. In short, this is one for your attorney to consider, and it will most likely involve a trial if there is no acceptable plea agreement. Dismissal is doubtful I hope that this was helpful.
Answer Applies to: Michigan
Replied: 6/27/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
If the victim has been properly subpoenaed and does not show up, the victim could be held in contempt of court. Another problem may be with the victim pleading the 5th Amendment. Unless the testimony would be incriminating to the victim, the 5th amendment protections are not available to the victim. And yes, if the victim does not appear, the prosecutor could use other admissible evidence, including prior testimony as evidence. Without knowing exactly what is taking place, setting forth a defense strategy is not possible.
Answer Applies to: Michigan
Replied: 6/27/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
The prosecutor and the prosecutor alone decides when to pursue a case. The victim can give input and the prosecutor will take that into consideration, but if they think they have a strong case, they will proceed. Especially if it is a CSC case. Also, the victim cannot possibly "plead the 5th." The Fifth Amendment provision of the Constitution provides a safeguard for those being "accused" of wrongdoing not to give evidence against themselves. A victim is testifying as to the wrongdoing of someone else, namely the defendant, and not themselves so the Fifth Amendment does not apply unless the prosecutor is somehow accusing them of committing a crime which I'm sure is not the case. If the victim is subpoenaed, then she will have to show up and testify or else face contempt of court charges which could put her in jai. If the prosecutor has any testimony by the witness under oath and on record, then yes that can be used at the trial if the victim does not show up or refuses to testify. These are really things you should be discussing with your defenseattorney as he knows the case more intricately than anyone on a forum will.
Answer Applies to: Michigan
Replied: 6/27/2011
Click to View More Answers: