Legal Question in Criminal Law in California
if you charged with spousal assault and the accuser doesnt show up for trial ,does the case get dissmissed
Asked on 9/08/10, 8:11 pm
3 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Highly Doubtful.
Answered on 9/13/10, 9:14 pm
Terry A. Nelson
Nelson & Lawless
No, the witness was subpoenaed to the trial by the DA, and faces an arrest warrant and contempt of court if they don't show up. The trial would be continued. That is to prevent abusers from threatening and intimidating the victim into recanting or begging for 'mercy' for the abuser. That happens a lot, and the DA won't go along with it. A case doesn't make it to trial without the DA concluding he can convict, and that is what he is going to do.
Answered on 9/14/10, 11:43 am
Anthony Roach
Law Office of Anthony A. Roach
Not if they testified at the prelim, and the DA uses that testimomy.
Answered on 9/15/10, 8:10 am
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