Case dismissal?

In an assualt case (violent, non sexual) if the victim doesn't show up to court to testify against the defendant, will the case be dismissed?

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  • 1 decade ago
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    If a victim of an assault does not appear for TRIAL, the case will usually be dismissed. In most states, however, the case would be dismissed "without prejudice" meaning that the prosecution could be reinstated when the victim is located.

    If a subpoena had been issued for the victim to testify at trial and he/she failed to appear, a warrant for their arrest may be issued.

    Source(s): prosecutor
  • Anonymous
    1 decade ago

    Depends on who the victim was. In kentucky if the victim was your wife. the state will take the case even if the husband and wife (or boyfriend and girlfriend) walk in to the place holiding hands).

    If the police saw the victim when you were (arrested)

    they might postpone the case and subpeona her to court. (if this happens the victim will probably show up as he or she might face jail time for NOT showing up. JUST depends on who your prosecutor is

  • 1 decade ago

    Depends on the state law, and other circumstances. If there were witnesses, then the victim doesn't have to show up to testify.

  • 1 decade ago

    depends on the state. some states have policies that even the children of the household can press charges against the offender even if it was not them personally who was attacked. also, some states automatically charge the person and take on the role of planitiff because so many do not show up or press charges after the fact.

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  • 1 decade ago

    In Case Law you could be convicted by circumstantual evidence, but if I were you I would demand a Jury Trial and demand my Constitutional Right under the 6th. Amendment of the U.S. Constitution. Wherin it says that you must be confronted by your accuser (the victom).

    Source(s): U.S. Constitution
  • Anonymous
    1 decade ago

    Depends on the other evidence that the state has. For example, if the criminal confessed or if there were other witnesses, videos, pictures, etc.

  • 1 decade ago

    if the state dosent take the case over

  • 1 decade ago

    yes it will unless the state took out the charges

  • jen
    Lv 4
    1 decade ago

    generally yes it will be dropped!

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