I have been charged with an M4 domestic. My wife wants the charges dropped but I know that these types of cases are usually picked up by the state. Anyway if she does not show up in court and based on my right to confront and cross examine my accuser can I get the charges dropped? Also would I argue this at a pre trial or wait till trial? I am representing myself so hiring an attorney is not an options so as much help as possible would be appreciated.
Divorce / Separation Lawyer
If there is nobody available to testify about the alleged offense, the case will be dismissed for lack of evidence. It has less to do with confronting your accuser than it does with having evidence proving you committing a crime "beyond a reasonable doubt". However, sometimes the case can be "made" based upon testimony of other persons who witnessed the offense or physical evidence found. Also, the case may be continued in order for your wife to be compelled to appear before the Court. Hiring an attorney would be prudent.
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3 lawyers agree
Criminal Defense Attorney
That is a technical question. If there are other witness the prosecution might be able to prove their case against you. If the prosecution attempts to get het statements into evidence without her you want to object on confrontation and evidentiary issues. You really need a lawyer
My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.