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... more
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.
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... more
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.
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.