According to the Sixth Amendment of the U.S. Constitution, a person accused of a crime has the right to face their accuser in open court – but does this always happen? Unfortunately, some states have found ways around this constitutional right. Keep reading to learn more and then contact Law Office of Michael L. Fell at (949) 585-9055 if you require a free legal consultation with a criminal defense attorney.

A California Law Limits Sixth Amendment Rights

California’s current law allows for a trial court to allow a minor to testify in closed-circuit television. This means they are not in the same room as the judge, jury, prosecutor, or the person they are accusing. However, there are only specific situations in which this is allowed:

• Cases involving a sexual offense against the minor
• Cases involving child abuse and the minor in question is the alleged victim
• Cases involving violent felonies as defined by California law

There Is More Involved in This Process

Before the court can order that a minor does not have to appear in the same room, they must find that the following issues are so serious that the minor would become unavailable:

• The child would suffer serious emotional distress if they were required to testify in front of the defendant.
• The defendant used a deadly weapon when committing the alleged crime.
• The defendant threatened serious bodily injury to the child or their family, or threatened one or more of a specific list of consequences if the child testifies.
• The defendant allegedly inflicted great bodily injury during the crime.
• The defendant or their attorney’s behavior during the trial or a hearing led to the minor being unable to continue testifying.

Is This Legal?

Maybe but maybe not. Various state courts have ruled differently on this issue. The U.S. Supreme Court has yet to issue a clear indication of whether or not this violates the defendant’s right to face their accuser. Questions also arise as to the defendant’s right to be believed innocent until proven guilty. If a qualification of allowing a minor to be in another room is that the defendant used a deadly weapon in the crime, but the facts of the case have not yet been proven, it seems difficult to determine either way.

Contact Us Today to Find Out What Your Legal Options Are

No matter how you look at it, this is a difficult situation. As the defendant, your job is to look out for your own best interest. As your attorney, our job is to find the best way forward for you. We are on your side and can help you. Contact Law Office of Michael L. Fell at (949) 585-9055 now to get started.