In an assault case if the victim will not testify can the police officer testify instead?
2 Answers from Attorneys
Can he testify? Yes.
Will the officer's testimony prove the case without the victim? Probably not, but it depends on the facts of the case.
Does that mean that the State's Attorney won't try? Definitely not! Will the State try like hell to get the "victim" in court, even if it means threatening them with jail, personally serving them a subpoena, asking for a body attachment, and jailing them? Most certainly.
Do you need a lawyer? ABSOLUTELY!
Consider that in murder cases victims don't testify.
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