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James F. Allen

James Allen’s Answers

1 total

  • This is for a criminal case. If the victim doesn't show for the jury trial, do the charges for the defendent drop?

    Someone i know has 2 open cases but they all happened on the same day. 1 case has 2 charges. 1-battery 2-disorderly conduct. The next case has the 3 charges. 1-battery 2-disorderly conduct 3-strangulation and suffocation. They are all repeaters. I...

    James’s Answer

    Charges are not automatically dismissed if an alleged victim fails to show up at trial. Assuming the alleged victim/witness was properly subpoenaed and this was her first non appearance, it is likely that the court would grant a continuance if requested. The witness could also be charged with contempt of court for failing to appear.

    Assuming the witness appears, It is probable that the prosecution will have some idea about whether she will be cooperative at trial. If the witness testifies that nothing happened, the prosecution will likely be prepared to attempt to impeach her credibility.

    The facts you describe are not uncommon in domestic violence cases. Your friend should discuss the specifics with his attorney.

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