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Will a case be dismissed if no wintess show

Houston, TX |

My husband has a agg assault charge Nd im suppose to be main witness is it true that if i dont appear to court they will dismiss tye case and let him free

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Attorney answers 4


Maybe. It depends whether the State has any other admissible evidence against him. His attorney should be able to advise you on this.

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It is not possible to know the impact of an absent witness on a criminal trial without knowing all of the evidence available. So, your question cannot be answered based on what you tell us here.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.



The evidence are two other witnesses who say they arent gonna show either and a recording of someones statment i believe


There is no telling. There is automatic dismissal for this.

David B Pittman

David B Pittman


Excuse me. There is NO automatic dismissal for this.


There are many types of evidence that could be admitted against the defendant in this type of trial. 911 calls, photos, other witness testimony, medical records or statements made to medical personnel, or even in some limited cases statements you may have made outside of court. There is no way way to know if the State will go forward without knowing what evidence they have and even then it would just be an educated guess. The State has the right to take even cases with very little evidence to trial. Talk to the defense attorney on the case. And know that prosecutors sometimes refuse to dismiss until the day of trial just in case the witness shows.

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