Can I lose a trial if the victim cannot identify me? - Criminal Law Questions and Answers- LawQA.com

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Can I lose a trial if the victim cannot identify me?

Am I still liable to lose at a trial even if the so-called victim couldn’t point me out in court?

Answer By Michael Palumbo
Palumbo and Kosofsky
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Identification is a key element of a criminal trial.

Answer Applies to: New York
Replied: 5/17/2011

Law Office of Geoffrey M. Yaryan
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Depends upon what other evidence the prosecution has. Other witnesses may be able to make their case.

Answer Applies to: California
Replied: 5/16/2011

Answer By John Carney
Law Offices of John Carney
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There can be more evidence against you than just the identification which could result in a conviction if the jury is sure that it was you that committed the crime.

Answer Applies to: New York
Replied: 5/15/2011

Answer By David Harrison
Miller & Harrison, LLC
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One element of every charge is identification so if they really cannot identify you, you should win. But maybe they have other ways than using the victim to identify you.

Answer Applies to: Colorado
Replied: 5/14/2011

Timothy J. Thill P.C.
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You could still lose the trial even if the alleged victim cannot pick you out in court, especially if there has been an id of you right after your arrest by the victim or another eye witness. If the victim is the only witness, and there is no other evidence linking you to the crime, there is a good possibility you will be found not guilty at trial.

Answer Applies to: Illinois
Replied: 5/14/2011

Answer By Jules Fiani
Jules N. Fiani, Attorney at Law
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Not necessarily, what if there are other witnesses that can identify you. This is a question you should ask your attorney or if he/she cannot answer it, you may need to find a new one. Visit my website for more information.

Answer Applies to: Michigan
Replied: 5/13/2011

LynchLaw
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In a word, Yes. There are many forms of evidence other than eyewitness testimony.

Answer Applies to: California
Replied: 5/13/2011

Answer By Terry Nelson
Nelson & Lawless
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You can, but that it is not an assured outcome. All the evidence is considered. Thats what you attorney is there to manage, argue and persuade. If you dont have an attorney, which is implied by you asking here instead of to your attorney, you are on a fools mission going to trial. That is not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.

Answer Applies to: California
Replied: 5/13/2011

Answer By Evan E. Zelig
Law Office of Evan E. Zelig
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Without knowing all the facts of your case it is difficult to say if that will in fact happen. But it is possible to be found guilty at trial and get convicted even with the victim failing to identify you in court.

Answer Applies to: California
Replied: 5/13/2011

Law Office of Brendan M. Kelly
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Yes, if there is other evidence to support the charge.

Answer Applies to: Nebraska
Replied: 5/13/2011

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