Can the DA Proceed to Trial Without the Grandmother’s Testimony?

Question from Jennifer, Can the DA Proceed to Trial Without the Grandmother’s Testimony?

Answer from AI:

In California, criminal law allows the District Attorney (DA) to proceed with a trial even if the primary witness, in this case, the grandmother, has passed away. However, the absence of the grandmother’s testimony and the lack of other witnesses can significantly impact the prosecution’s case.

Key Charges and Legal Considerations

The granddaughter faces several serious charges:

• Dissuading a Witness by Force or Threat (Felony)
• Elder Abuse (Felony)
• Great Bodily Injury (GBI) (Misdemeanor)

Dissuading a Witness by Force or Threat

Under California Penal Code Section 136.1, dissuading a witness by force or threat is a serious felony. The prosecution must prove that the defendant used force or threats to prevent a witness from testifying. Without the grandmother’s testimony, proving this charge becomes more challenging.

Elder Abuse

Elder abuse, as defined under California Penal Code Section 368, involves physical or emotional harm to an elderly person. The prosecution must show evidence of abuse. The police report stating no observed marks or injuries weakens this charge.

Great Bodily Injury (GBI)

GBI, under California Penal Code Section 12022.7, requires proof of significant physical harm. The lack of observed injuries in the police report further complicates this charge for the prosecution.

Proceeding Without the Grandmother’s Testimony

The DA can still proceed to trial without the grandmother’s testimony, but they will need to rely on other forms of evidence, such as:

1. Medical records or reports
2. Statements made by the grandmother before her passing
3. Any physical evidence collected
4. Testimonies from other individuals who may have relevant information

Impact of Prior Felony with a Strike

California’s “Three Strikes” law, under Penal Code Section 667, can significantly impact sentencing. A prior felony with a strike means that if the granddaughter is convicted of a new felony, she could face harsher penalties, including a longer prison sentence.

Importance of Legal Representation

Given the complexity and seriousness of the charges, it is crucial for the granddaughter to seek legal advice. A criminal defense attorney can:

• Evaluate the strength of the prosecution’s case
• Challenge the admissibility of evidence
• Negotiate with the DA for possible plea deals
• Represent the granddaughter in court

Conclusion

While the DA can proceed to trial without the grandmother’s testimony, the lack of direct evidence and other witnesses may weaken the prosecution’s case. The granddaughter should consult with a legal professional to understand her options and prepare a robust defense.

For more information on California criminal law, you can refer to the [California Penal Code](https://leginfo.legislature.ca.gov/faces/codes.xhtml) and the [California Courts Self-Help Guide](https://www.courts.ca.gov/selfhelp.htm).

**Note:** This information is for general purposes only and does not constitute legal advice. Always consult with a qualified attorney for specific legal guidance.