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Preliminary hearing rescheduled due to witness (victim) not appearing. Next preliminary hearing scheduled in another month.

Philadelphia, PA |

I have an attorney but he wasn't able to speak with me after the reschedule. In a domestic case, could you answer the following please?
1.What happens next if the witness doesn't show again? Rescheduled again?
2.If so, how many times can the preliminary be rescheduled?
3. If the DA was confident in the evidence, wouldn't they just proceed with trial rather than continuing the preliminary (considering my attorney already saw the evidence during the first one)?

Thank you for any feedback.

Clarification: I am defendant and the witness is the states witness (again, the victim).

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Attorney answers 2


Whose witness

henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.



The state's witness

Henry Lebensbaum

Henry Lebensbaum


If it a significant witness and the witness fails to show, your attorney should seek a dismissal.


This is something that you need to speak with your attorney about. Despite what many believe in Philadelphia, there is no set number of appearances before it is thrown out. If there was another witness that saw the event, that person could testify--otherwise they need the victim and cannot proceed without him/her testifying. I do not want to speculate as to the facts or what will occur. Speak to your counsel.