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If a victim of a crime does not show up in court for trail what could happen?

Macon, GA |

If the only evidence in the discovery is based off what the victim of an armed robbery says and the victim decides not to come to court what will more than likely happen? will the case get thrown out? will the victim be charged with anything?

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Attorney answers 3


The prosecutor will most likely need the victim to prove the case. But, remember this isn't a traffic ticket. If the prosecutor needs more time the judge will likely give it. I would talk to the attorney on the case. For an armed robbery case, your relationship with your attorney needs to be one of complete trust. Th consequences for this type of charge are much too severe. If that trust does not exist, it is time to get a new attorney. If you have any other questions, my number is 404-217-6978.


I agree with Mr. Finn. I just wanted to add that I've seen it many times where a client was 100% sure the alleged victim wouldn't show up, and when the trial came, there the victim was. Don't count on the victim not showing up.


What is the reason that the victim is deciding not to come to court? Is the Prosecution not able to find and/or subpoena the victim? If this is the case, the judge will likely give the State more time to get the victim to court. If the victim does not want to testify or go forward with the case, based on the victim's reasoning, there is a chance that the prosecution would take the victim's wishes into account in offering a plea deal. Armed robbery is a very serious charge, I don't believe that many prosecutors would be willing to completely drop such a serious charge unless they believe the case is weak already.

As my colleague has said it is very important to that the person being charged speaks to their attorney about how to proceed under the circumstances. If they don't already have counsel, then I would suggest that they get one or speak with the public defender in their area.