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From the disclosure I have got, the prosecutor summons the cop and 2 witnesses to the trial.
i'm sure cop will show up because he gets paid.
But what if both witnesses don't show up? Do I win the case almost 100%? Is the email witnesses wrote to the cop served as evidence in court?
Witnesses must show up to testify. An email is not worth anything.
jsherk wrote:Witnesses must show up to testify. An email is not worth anything.
So if both witnesses don't show up, I plead not guilty. Correct?
I will call witnesses (kind old ladies) the night before the trial to see if they attend.
The email may be worth something actually...if it was a witness statement, and is given as disclosure, that is its value...the witness will still have to attend to give evidence and be available for cross examination. There may be enough evidence if only one witness shows up. The prosecutor does not have to call every witness listed, only those needed to prove the case. I would not be calling any witness that is for the prosecution side, very dangerous...you can certainly call your own though...
Do NOT call them... you can get chraged for that!
If they both do not show up then yes plead not guilty for sure. If the prosecutor tries to set another date, object and say this is the day you were scheduled to be there and you took time off work and it is not your problem if the prosecutions witnesses do not show up.
If the officer starts to read the emai while on the stand, then you can object if the person who wrote it is not there as you are not able to cross-examine them about. Do not let them finish reading it... make sure you object right when they start to read it.