Can a person be convicted of a crime withjust a signed testimony as the only evidence?

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Can a person be convicted of a crime withjust a signed testimony as the only evidence?

My son (17) has upset a young girl and she has filed a report claiming he raped her. He was arrested on aggravated sexual assault of a child and had to be bonded out. Can a person be charged and convictedof this crime simply with a signed testimony by the accuser? Isn’t that hearsay?

Asked on November 14, 2011 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your son has been arrested for crime, a felony, he needs to consult with an expereineced criminal defense attorney even though he is a minor. There is a chance that he could be tried as an adult. If convicted, he could receive a long jail sentence and be required to register as a sex offender.

Your son cannot be convicted at an actual trial based upon written testimony of the accuser. She would have to show in court and give live testimony. Your son has the right not to testify based upon his 5th Amendment Privilege. Your son can be charged with a crime based upon the signed statement of the accuser.


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