If the witness is under subpoena and fails to show for trial, the judge can have the witness arrested and held until that person testifies.
This Q&A forum is no substitute for a personalized, private conversation concerning your situation. This response is a general answer to a question posed by an unidentified person. It is not intended to and does not create an attorney-client relationship.
It depends upon the type of case and the nature of the evidence that the State has other than the victim's physical testimony.
Some cases can be proven without the victim, other cannot.
Here's a better question for you....
What are you asking internet lawyers and not your own lawyer?
If you have court then you should have a lawyer, and that is to whom you should direct your legal questions; and if you do not have a lawyer then you should have a lawyer, for as Abe Lincoln so aptly said, "he who represents himself has a fool for a client".
My advise is firm: Ask your lawyer and if you do not have one to ask then hire a lawyer.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
It all depends on the prosecutor, the judge, your attorney and the reason why the victim does not show up. A skilled criminal defense attorney will likely ensure that the case is dismissed in that situation. However, the judge could grant the State time to locate and bring in the victim and/or have the sheriff go and get the victim. There are also certain cases where the victim's testimony may not be necessary for a conviction and the State will simply proceed without him/her. A victim may be easily intimidated by the State- you need an attorney!
Mr. Wolf is correct on this one. The circumstances of each case vary.
The term "It depends" is always the short answer, Every situation and every case is different and unique in many ways. You can never get enough factual information. Furthermore, there is insufficient information provided in your submission to make a clear and decisive decision. The information provided is insufficient for a specific legal opinion. The above is a general opinion based upon limited facts. There is no attorney client relationship between you and myself nor between myself and anyone I respond to on AVVO. There is no attorney client relationship based upon anyone you or anyone else has asked questions about on this site. You should seek out a licensed private trial attorney in your area who is experienced in the specific legal area your question is categorized under. My agreement with any other attorney or any other colleague is not to be considered an endorsement in any way as specific legal advice under any circumstances. Thank you for your submission but it is always best to meet with an attorney in person and discuss any legal matter you have pending. The only action that should be taken from the above information is that you should seek out and meet in person with an attorney as soon as practicable. Our offices are locatedi n Tallahassee, Florida and we only handle cases in the State of Florida and do not give advice on any matters that occur outside the State of Florida and are beyond the scope of our professional license here in the State of Florida.
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