If charges were droppedby the victim, can the state still use their written statement for evidence?

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If charges were droppedby the victim, can the state still use their written statement for evidence?

Asked on December 28, 2011 under Criminal Law, Wisconsin

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

No, unless there is some exception to the hearsay rule that applies.

Most importantly, there is a confrontation clause issue.  You have a right to cross-examine any witness that is giving testimony against you.

Wherefore, unless you made admissions, the case should be dismissed.

Note, thr prosecutor will usually subpoena the witness. That means, the witness/victim will subject themselves to criminal prosecution for ignoring the subpoena.

Hope this helps


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