Skip to main content

Will a case be dismissed if no wintess show

Houston, TX |
Filed under: Criminal defense

My husband has a agg assault charge Nd im suppose to be main witness is it true that if i dont appear to court they will dismiss tye case and let him free

Attorney Answers 4

Posted

Maybe. It depends whether the State has any other admissible evidence against him. His attorney should be able to advise you on this.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Mark as helpful

5 lawyers agree

Posted

It is not possible to know the impact of an absent witness on a criminal trial without knowing all of the evidence available. So, your question cannot be answered based on what you tell us here.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

Mark as helpful

1 found this helpful

7 lawyers agree

1 comment

Asker

Posted

The evidence are two other witnesses who say they arent gonna show either and a recording of someones statment i believe

Posted

There is no telling. There is automatic dismissal for this.

Mark as helpful

1 found this helpful

3 lawyers agree

1 comment

David B Pittman

David B Pittman

Posted

Excuse me. There is NO automatic dismissal for this.

Posted

There are many types of evidence that could be admitted against the defendant in this type of trial. 911 calls, photos, other witness testimony, medical records or statements made to medical personnel, or even in some limited cases statements you may have made outside of court. There is no way way to know if the State will go forward without knowing what evidence they have and even then it would just be an educated guess. The State has the right to take even cases with very little evidence to trial. Talk to the defense attorney on the case. And know that prosecutors sometimes refuse to dismiss until the day of trial just in case the witness shows.

Mark as helpful

5 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics