Are you able to file a report on behalf of a victim currently working abroad?

If a victim is under financial duress and does not wish to risk job termination by leaving for an extended period of time, are they able to testify from abroad over video or phone?Does that differ between a criminal and civil case? The crime occurred in the US. Does the application of US law change if one or both parties are not US citizens? What would be the difference if they pursued a criminal vs civil case?Thanks

Asked on May 23, 2009 under Criminal Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I have absolutely no idea what the underlying issue is but civil and criminal cases differ in that the victim is not the prosecutor in a criminal case, he or she could be a witness.  In a civil case, the victim is the plaintiff if he or she is suing someone. 

What type of report are you speaking about on behalf of a victim? If a police report - no not unless you were a witness as well.  In a civil case, there is no "report". 

If the witness is unavailable due to being out of the country, oftentimes a deposition under oath can be taken.  I think the issues about which you speak, although coming from the heart, need to be discussed by the victim with an attorney face to face.  Try www.attorneypages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.