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If the State took over Assault / Assault and Battery, No witness or evidence was in Court, Shouldn't the case be dismissed?

Chesterfield, SC |

My Husband was falsely accused of the charges stated above, The "victim" being a personal friend to the Officer who took a false report and then Issued a warrant. Went to court today there were no evidence nor did the "Victim" Show up for the State's witness. We think the Officer has a personal Issue against my Husband. Last year the same officer arrived after my husband called 911 because of an Intoxicated Lady was cursing in front of our Son. So when this same officer arrived with my husband talking to 911, He pulled his Gun, Pointed in the Direction of my Son & husband. Today in Court he asked the Judge for continuance because the "Victim" Did not show and they had no other evidence to prove their case.. Do we need an Attorney? Thank You

The Question was, The "victim" did not appear in Court for the State's witness, Shouldn't the case been dismissed with no evidence or witnesses in the case? The Police was calling the "Victim" while in Court.. It was like something out of a TV show. Also, How many times would he be made to go to court on one man's word alone who refuses to show up in court. It's like my Husband is getting a raw deal in this continued case.

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Attorney answers 4

Best Answer

Yes you need an attorney of you can not afford one request a public defender. It is not uncommon for victims to to show and the state getting continuances, but do not rely on it.


An person accused of a serious crime needs an attorney. If your husband cannot afford to hire an experienced local criminal defense lawyer, he should request that the court appoint him a public defender.


Asking the question, "Do I need a lawyer", is seldom if ever answered, "No you don't, DIY is your best approach to your legally oriented problem."

Yes or no is not an answer to ANY inquiry that involves a legal analysis by an experienced criminal defense lawyer.

A more interesting question is what theories of defense and strategies are available in the fact pattern indicated in your inquiry.

Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: 24/7 call (708) 481-4800 text (708)218-0923


Yes the best local experienced criminal litigator you can afford.

Maybe his is a co-conspirator? He needs he best local attorney he can afford if he does not have one already.

There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers ( Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members:

Educational purposes answer. | | | | | Non-privileged answer.

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