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Once battery (class D felony) charges have been filed and the defendant is pleading not guilty and requesting a jury trial do I

Fort Wayne, IN |

as the victim have the right to withdrawal and not have to go to trial? Can the state take the facts and evidence that have been provided and use that without me? I do not want to be drug through a trial.

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Attorney answers 2


When a criminal charge is filed, the Prosecutor represents the State, and that means that even though you are an alleged victim, he or she has the authority to prosecute on behalf of the State even if you indicate a reluctance or refusal to testify. Whether that is a good idea or not, depends on the facts that the Prosecutor can prove. You do not have a "right to withdraw". You certainly can indicate to the parties your concerns, and see if that impacts the Prosecutor's desire to go forward. If you are the only witness to the conduct, and an element of the offense cannot be proven without your testimony, then they have the power and authority to subpoena you. So you can still be subject to a subpoena by the Prosecutor for hearing or trial, and you may be potentially compelled to answer questions. If you do not appear after a subpoena is issued, a warrant can theoretically be asked for your arrest. If you are subpoenaed, and you still have these concerns, you should consult a lawyer on your own.


The defendant has the right to confront and cross-examine all witnesses against him. As you are the alleged victim, he has an obvious right to require you to appear at trial. If you do not wish to testify, you should ask the prosecutor to dismiss the charges before trial. The prosecutor is not required to do that, but most prosecutors give consideration to the concerns of the complaining witness.