If Irecently got charged with domestic violence and my trial starts next month, is it possible to get a conviction if my wife does not show up for court?

Asked on September 26, 2011 under Criminal Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. You need to remember that in every criminal matter the prosecution bears the burden of proving the charges against the defendant beyond a reasonable doubt. If your wife fails to attend trial, the prosecution's burden to meet seemingly will be even harder.

You do not have to testify at trial under your 5th Amendment Privilege against self incrimination. If you do not have a criminal defense attorney representing you in the matter, you should retain one in that if convicted, jail time could be imposed as a sentence.

Good luck.

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