If the victim of an assault denies the accused participated, how can an informant(s) statement be enough evidence to convict ?

My husband had just arrived at an in custody camp. He was given a desirable job as a camp welder. He was confronted by some inmates to give up his job, my husband refused. Later, an assault occurred on another inmate from which my husband was charged. He denied any participation, as he was sleeping when it happened. Witnesses and even the victim stated to authorities that my husband was not involved. Based only on a confidential (supposedly reliable) informant statement, my husband was found guilty and sentenced to a year. What issues can he file on appeal?

Asked on July 21, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you husband consult with an experienced criminal defense attorney as to a possible appeal of his conviction. Typical issue on appeal in a criminal matter is the prejudicial admission of objected to evidence at trial or incompetence of legal counsel.

 

 


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.