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the 5th amendment, can it be used then taken bac for trail? Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by strawGill, Aug 30, 2014.

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  1. strawGill

    strawGill Law Topic Starter New Member

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    Allegedly committed of a 245b, defendant, watches as the supposed victim takes the stand and plea the fifth. Detective takes stand and recalls witness statement. Case bins over for trial, by default of detective statement of supposed victim. Trial approaches. A stiff, un-analyzed, no empathy, no common denominator for the truth years, crazy sentence of nine to 24 years was all spoke of for the spitefully wrong accused defendant. After witness statements from investigation plea of 365 No strike, no time served, no prison priors. Wow. Very low plea for prior 245b, prior prison, one strike defendant, that by the way was in mutual combat w alleged victim that day of supposed 245b. If deal is not taken victim may be granted immunity and take the stand!!! Wait a minute cause the public defender said that it was great at prelims when the substance abusing, very aggressive, long criminal history displaying, supposed vic plead the 5th'. Can that be done?? Can vic now take the stand at trail?
     
  2. army judge

    army judge Super Moderator

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    The presiding judge decides who testifies.
    In most cases, all are welcomed to swear to testilie.
    Professor Hershowitz wrote a great book, albeit biased, about cops testilying.
    Truthfully, most witnesses testily, and are discretely coached on how to be the best testilier they can be.
    We all can take the fifth, no magic there.
    Generally you're the judge of when to invoke that privilege.
     
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  3. strawGill

    strawGill Law Topic Starter New Member

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    The victim plead the fifth in prelims which kept her from a violation can she now testify at the trial date
     
  4. army judge

    army judge Super Moderator

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    She can be called.
    If she's smart, she's likely to go missing.
    Your lawyer can object, perhaps for the reasons you stated.
    The judge decides if she gets to tell her lies.
    Generally, a clever persecutor has several ways to get her prior testimony admitted.
    You need to discuss this with your lawyer.
     
  5. CdwJava

    CdwJava Moderator

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    So, the victim of an assault with a semiautomatic firearm took the stand to plead the 5th? Makes me wonder what the victim was involved in ... drug deal gone bad? Gang war? What?

    So, these statements were at the preliminary hearing?

    Okay, so, the defendant never shot at or threatened anyone with a semi-automatic firearm?

    Yes, the victim can take the stand at trial.
     

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