There is a misdemeanor trial scheduled and the witnesses have not been contactable due to change State of residence. Is there an extension provision in the statute?
Criminal Defense Attorney
If they are the state witnesses, then it is the state obligation to prove there case and part of that would be to get their witnesses to court. If the witnesses are for the defense that obligation rest with the defense. Each side may ask for a continuance and it would be within the power of the court to grant it. If you do not have an attorney you should retain one because a pro se defendant is held to the same standards in a trial as an attorney. I you would like to discuss the matter further please feel free to give me a call at 404-636-6616.
In addition to the prior answer, if the State's witnesses fail to appear, then the case would likely, in the long run, be resolved in favor of the accused. I say it that way because the judge usually gives the state 2 or 3 tries to get it done right, before he dismisses the charge.
Of course, the case could always go to trial, and then the State thinks that they don't NEED the witness in order to make out a case. In that case, its up to the judge or jury to determine if the State has met its burden of proof.
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