Missing Witness? Can They Convict You? | San Antonio Criminal Defense Attorney

Will my case be dismissed if the victim or witness doesn't show up for trial? What if the victim won't testify or wants to drop the charges? San Antonio criminal defense attorney Genaro R. Cortez explains how the Confrontation Clause and Crawford v. Washington protect you when the prosecution's witness is missing. Facing criminal charges in San Antonio or Bexar County? Call the Law Office of Genaro R. Cortez, PLLC at (210) 733-7575 or visit https://cortezdefense.com In this video, you'll learn: • How the Sixth Amendment's Confrontation Clause works when a witness doesn't show up • What "testimonial" statements are under Crawford v. Washington • Why prosecutors often can't use a missing victim's statements in Assault–Family Violence cases • When 911 calls can still be used at trial • Why lab analysts must testify in DWI and drug cases (Bullcoming v. New Mexico, 564 U.S. 647 (2011)) • How federal prosecutors use material witness depositions in alien smuggling cases • Can a victim drop charges in Texas? What an Affidavit of Non-Prosecution can and can't do in Bexar County CHAPTERS 0:00 San Antonio Attorney Genaro R. Cortez 0:37 Disclaimer 1:04 The Missing Witness Scenario 2:00 Crawford v. Washington 3:29 Assault–Family Violence Cases in San Antonio 4:33 The Confrontation Clause Rule 5:56 911 Calls 6:59 Testimonial vs. Nontestimonial Statements 7:48 DWI and Drug Cases 9:39 Cross-Examining Missing Witnesses 10:41 Alien Smuggling Defense 13:45 Affidavits of Non-Prosecution 16:03 Sir Walter Raleigh 19:45 Informants and Back-Door Hearsay ABOUT GENARO R. CORTEZ Genaro R. Cortez is a San Antonio criminal defense attorney with over 20 years of experience in state and federal criminal cases throughout San Antonio and South Texas, including the Western District of Texas. Se habla español. Law Office of Genaro R. Cortez, PLLC 730 W. Hildebrand Ave., Suite 2 San Antonio, TX 78212 (210) 733-7575 https://cortezdefense.com DISCLAIMER This video is for informational purposes only and is not legal advice. Watching this video does not create an attorney-client relationship. If you have a pending criminal case, speak with a qualified attorney about your specific situation. If you are not a U.S. citizen, speak with an immigration attorney before making any decision in your case. A guilty or no contest plea can result in removal, deportation, or exclusion from the United States. Historical note: Sir Walter Raleigh's 1603 death sentence was commuted, but he was later executed in 1618 under that same conviction. #SanAntonioCriminalDefenseAttorney #ConfrontationClause #CriminalDefense