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Legal Question: Testifying in Court

Traffic Infractions, Infracciones de Tráfico

Will the prosecutors be able to prosecute my husband if I testify at trial to his innocence?

Will the prosecutor be able to take the case to trial? Yes. Will they win? That is hard to predict without more information. But prosecutors can win trials even when the alleged victim recants. The prosecutor would simply argue to the jury that you were telling the truth in the heat of the moment, but have now changed your story to protect your husband. It will then be up to the jury to decide what to believe. Make sure your husband is getting good advice about his chances at trial, and you may want to consider hiring your own attorney because you may face the possibility of your own trouble here.

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