Will the case be dismissed if the witness does not show up in court?

Asked over 4 years ago - Lancaster, PA

if a victim decides not to show for a simple assualt and disorderly conduct charges will the case be dismissed?

Attorney answers (2)

  1. Forest Dean Morgan

    Contributor Level 17

    Answered . On preliminary question to be answered is: "What stage are you at in the process?" If you are at the preliminary hearing stage, the prosecution's burden is to establish a prima facie case which does not require the prosecution to prove the case beyond a reasonable doubt. Thus, they may show a prima facie case with other evidence. More importantly, if the case is dismissed at the preliminary hearing stage, the charges can be refiled.

    If you are in Lancaster, ARD is available to you for simple assault/ D.V. cases. Contact my office for more information.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . If the case can be proved on the basis of other admissible evidence, no, dismissal is not the only outcome. The government has the burden of proof (standard is 'beyond a reasonable doubt') and a missing witness can impact the ability to meet that burden.

    Lots of added details are missing from your post to fully be able to suggest all options to you.

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