If the victim doesn't show up to testify at trial what will happen to the case?

Asked over 2 years ago - Jersey City, NJ

I was charged with 2nd degree Robbery, but I heard the victim wasn't going to show up to testify at trial.. Their was no other witnesses, just the accuser. will the state proceed or dismiss the case?

Attorney answers (5)

  1. Mark M Cheser

    Contributor Level 20

    6

    Lawyers agree

    Answered . It could be dismissed. Remember murder cases never have victims and the case goes on. In the normal robbery if the victim does not appear there is little evidence. The State could move under new rules of evidence for a intimidation exception. That exception is new and tough to get. If successful the State could submit her statements to police. But normally Crawford v, Washington will apply and you have to be confronted by your accuser. If you confessed there would be some interesting issues to debate. I believe you have an attorney, ask your attorney.

  2. Benjamin G Kelsen

    Contributor Level 17

    5

    Lawyers agree

    Answered . As usual, my colleagues are correct. You need to discuss the matter with your lawyer and if you do not yet have one you need to get one ASAP.

    Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-... more
  3. Thomas Carroll Blauvelt

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Mr. Cheser is right. There are other ways to prove a robbery allegation. Statements may be used as evidence against you. Your questions should be asked of your lawyer.

  4. James Alexander Abate

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . I agree with my colleagues, the state can proceed with charges, but would have a better case with the witness available. You should have no contact whatsoever with the victim. Like the others, I highly recommend you have counsel handle this.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  5. John P. Tierney

    Pro

    Contributor Level 5

    4

    Lawyers agree

    Answered . If the matter is post Grand Jury and Trial ready, the State will likely seek an adjournment or adjournments in order to obtain the cooperation of the alleged victim. Clearly I would expect you should have an attorney at this point. If not, you must apply for a public defender or obtain private counsel immediately. If the matter is trial ready, the State may subpoena the alleged victim and compel his/her appearance especially for an alleged crime in the 2nd degree. Regardless, you need to consult with counsel immediately as it would seem you may be confused by the pace and/or status of the case. Next, be careful what you divulge in writing as any statements made by you orally or in writing may be used against you.

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