Can I lose a trial if the victim cannot identify me?

Question

Am I still liable to lose at a trial even if the so-called victim couldn’t point me out in court?

Michael Palumbo · Answer

Identification is a key element of a criminal trial.

Geoffrey MacLaren Yaryan · Answer

Depends upon what other evidence the prosecution has. Other witnesses may   be able to make their case.

Jules N. Fiani · Answer

Not necessarily, what if there are other witnesses that can identify you. This is a question you should ask your attorney or if he/she cannot answer it, you may need to find a new one. Visit my website for more information.

Michael Lynch · Answer

In a word, Yes. There are many forms of evidence other than eyewitness  testimony.

Terry Nelson · Answer

You can, but that it is not an assured outcome.  All the evidence is considered.  Thats what you attorney is there to manage, argue and persuade.  If you dont have an attorney, which is implied by you asking here instead of to your attorney, you are on a fools mission going to trial.  That is not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict.  If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial.  If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.  Ill be happy to help use whatever defenses there may be.

Scott Hilderman · Answer

It depends if they are able to identify you another way.  If not then a verdict would be entered in your favor.

Evan Zelig · Answer

Without knowing all the facts of your case it is difficult to say if that will in fact happen.  But it is possible to be found guilty at trial and get convicted even with the victim failing to identify you in court.

Theodore W. Robinson · Answer

Yes, you can still lose a trial based on other circumstantial evidence or other  direct evidence that can be introduced against you at trial. The fact that the  witness failed to point you out, however, is helpful in your purpose of getting  the case dismissed.

Howard Collins · Answer

There must be other convincing evidence tying you to the crime.  You could be convicted without personal identification if there was other evidence, such as another eye witness or perhaps statements you made to others.  I can't say more without more facts.

Alexzander Adams · Answer

This is a factual problem. It certainly helps your situation, but it is not dispositive. You should contact a lawyer to go over the specifics of your case.

Seth Bloom · Answer

It depends upon what other items of evidence are being used in the case. If this is the only piece of evidence against you then the victim's inability to identify you could certainly be a boon to your defense.  Most criminal cases involve multiple items of evidence, however, and it is not certain that this single issue will decide the trial one way or another.

Michael Tumposky · Answer

It depends on what the other evidence is.  The short answer is "yes."

Leonard Harden · Answer

It is possible but very unlikely.  If there were other witnesses or there is enough circumstantial evidence the state may be able to prove a crime occurred and that you committed it.  It seems like you should have a criminal defense trial lawyer to help you in your case.

Craig Elhart · Answer

I a criminal trial, the prosecutor has the burden of proving guilt beyond a reasonable doubt.  The real question is, once all the evidence is presented to the jury, is there sufficient evidence to prove guilt beyond a reasonable doubt.  Identification of the accused by the victim is just one piece of this puzzle.  Identification is not a necessary element to find guilt if there is other sufficient evidence to prove guilt beyond a reasonable doubt.

Samuel H. Harrison · Answer

If the state has enough other evidence to tie you to the case (fingerprints, DNA, co-defendant testimony, other witnesses, just to name a few) yes, you can lose a trial even if the victim cannot identify you.

Gabriel Dorman · Answer

It is not possible to say without knowing all of the facts and circumstances of your case. While identity often plays a large role in a case, there may be other evidence connecting you to the crime. I hope this answer was helpful. Good luck.

Jared Austin · Answer

It is a must that the defendant in any criminal trial must be identified. However, it shouldn't be that difficult since you will be the one sitting at the defense table with your lawyer. If you think that the victim cannot positively identify you, then you should request a lineup before the trial. Usually, the prosecution's case only gets dismissed if they forget to have a witness identify the defendant (which rarely happens but it does occur once in awhile). It is even more rare that a witness cannot identify the defendant, but if for some reason they could not, you would be entitled to your Motion for a Directed Verdict to be granted. Hopefully you have a lawyer that you can discuss all of this with.

Eric Rothstein · Answer

Yes.  You can be convicted with an in court ID. Murder victims aren't around to testify.  It depends on what other evidence there is. Did you make a statement; is the forensic evidence or circumstantial evidence?

Thomas Tomko · Answer

Thank you for your inquiry.  Believe it or not, the answer is yes!  While it is unlikely, the case needs to be postured correctly, and the arguments made in an effective manner to win.    An alternative would be to convince the prosecutor that the case is so poor that the case is dismissed prior to trial.  I would suggest that you be represented by counsel in this matter to best attempt to get the desired result.  You may contact my office to make an appointment to discuss representation.  I look forward to hearing from you.

Edward Kroll · Answer

There isn't enough information here.  It may be fatal to the case against you if the victim can't identify you.  But depending on other evidence, you still could lose.  This other evidence could involve statements by you, the victim, the police, or any witnesses.  It certainly can't hurt your case if there is a faulty identification, but this is by no means enough.  If you don't have a defense attorney, I would urge you to get one immediately.  Only a trained attorney can accurately identify the strengths and weaknesses of your case, and adequately protect you at trial.

Thomas Ogas · Answer

It depends on the other evidence in the case.  But the lack of identification is certainly something that rests in your favor.

Robert Driessen · Answer

Anything is possible. It will depend if you can be identified through other evidence and what the jury ultimately believes.

Dennis Roberts · Answer

Depends what other evidence they have.

Philip Hache · Answer

Is there other evidence linking you to the incident (ie., DNA, fingerprints, etc?)  I don't have enough information about your case to give a good assessment, but it certainly helps that the victim could not ID you in court.

Eric Sterkenburg · Answer

If the DA haw more evidence you can lose.

Christopher McCann · Answer

Of course if there is plenty of other evidence, such as a video, a confession, etc. Without more information, it is difficult to answer your question.

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Can I lose a trial if the victim cannot identify me?

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