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Can a case be dropped if the victim cannot 100% pin the crime on the suspect, even if all the evidence is there?

Petaluma, CA |

a friend of mine was brutally assaulted, resulting in great bodily injury. He was knocked unconscious by a blow to the back of the head, and the suspect continued to beat on his head and neck, causing SEVERE head traumas. The suspect is being charged with PC245(a)(4) and as of now, it is pending at the DA's office. But, because my friend did not see the suspect hit him, since his back was turned, he cannot pinpoint the crime on the suspect, even though we all know it was him. i'm assuming all the evidence is there as well. but we are worried that the case will be dropped or the suspect will walk from this crime, even though the suspect has been a repeat offender for felony assault causing GBI. Please tell me there is justice that can be served here.

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Attorney answers 3


It depends upon what this circumstantial evidence is. Not enough is known to make a good analysis.


I'd suggest your friend contact the prosecutors office. Hopefully they can provide him with some additional information in regards to the status of the case.

I will be happy to speak with you at no cost with a phone or office conference. Please call my office at 619-238-1905 or visit my website at


As a former prosecutor I can say I would go forward on the case.

Here is your friend's best bet for help contact:

Sonoma County Victim Services Division of the Sonoma County District Attorney
600 Administration Dr, Rm. 212-J
Santa Rosa, CA 95403
Phone: (707) 565-8250

The Sonoma County Victim Services Division is one of the special programs designed to reduce the trauma and insensitive treatment victims and witnesses may experience following a crime. Victim Advocates work to ensure that crime victims and their family members are provided the services and information necessary to be an integral part of the criminal case process. It’s our mission to ensure that you are treated fairly and that your voice is heard. The Advocates can provide the following services:

Information on your rights as a crime victim
Guidance in dealing with the court system
Contact information for local resources and counseling referrals
Apply for California Victim Compensation Program- reimburse expenses related to your victimization
Ongoing support while you learn to cope

The Victim Services Division contracts with CalVCP to provide local claim approval and verification service, which means victims and local services providers receive streamlined and expedited assistance in the processing of state victim compensation claims. The Victim Compensation Unit works directly with the Victim Advocates and CalVCP assisting victims and their families with CalVCP claims. These services are free and legal residency is not required.

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