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What would happen if the plaintiff doesnt show up to court?

Houston, TX |

I was with some girls who were stealing and we all got aressted and we saw a judge and one of the girls admitted that i did not steal anything to the judge. This is my first time ever getting in trouble at all but the others have been in situations such as this before. They charged us all with the same offence ( organized criminal activity-theift) I would like to know what would happen if the plaintiff doesnt show uo to court.

Attorney Answers 4


Your facts indicate a criminal prosecution - not a civil one. Since criminal cases are prosecuted by a local prosecuting agency (district attny or city attny), they always show up. A civil plaintiff, on the other hand, may not show up, in which case it would likely be dismissed, especially if it was a small claims case.

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Based on what you have written, your case is pending in a criminal court. This basically means that the state will show up to prosecute the case. There are a variety of issues associated with a theft case. You should consider retaining a local law firm to help you protect your rights and interests, as this criminal charge may have effects which stay with you for the remainder of your life.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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You question indicates your are charged with a crime. Engaging in organized criminal activity is a felony charge. If you take your case to trial the State will bring the complaining/witness into court to testify. The complaining/witness doe not need to come to court until trial. You need to hire an attorney as soon as possible.

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It sounds like what you're asking, based on those facts, is what happens if the person that caught you in the store (i.e. Loss Prevention or private security) doesn't show up to court. If the charge is Organized Criminal Activity-Theft, you can be sure the court will issue a subpoena and the person listed as the complaining witness will be there with bells on. What you seem to have going for you at this point is that the other girls have said you didn't steal anything. That's not the same as saying you weren't in on it, or had no knowledge of it. You need to lawyer up, and do not talk to the authorities at all. Stand behind the fifth amendment.

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