Sunday, June 19, 2011

If a victim doesn't show up court date for a criminal case is the case dismissed by the judge ?

Question: If a victim doesn't show up court date for a criminal case is the case dismissed by the judge ?

Answer: The case would not be dismissed by the judge. The prosecutor would have to indicate that they cannot go forward, and either not move for a continuance or be denied the continuance by the judge. Then the defense attorney would move for a dismissal. In my 12 years as a defense attorney 50% of teh clients say the witness will not show up, less than 1% of the time the witness has not shown up, the other 99% of the time, client has received more jail time because they needed to see the victim in court before they pled guilty. Tricky game to play, the I must see the victim game.

Answered By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville
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About Me

I hung a shingle in February 2000, because I saw that individuals charged with criminal offenses were being underserved by the attorneys practicing criminal law. Since February 2000, I have represented more than two thousand criminal clients. I only practice criminal law, but I do everything from violations of probation to Supreme Court appeals. There are few attorneys under the age of sixty that have my level of experience. I have tried more than two hundred major felony jury trials. I have tried more than fifty misdemeanor jury trials. In Philadelphia as a prosecutor, I tried more than two thousand bench trials. I have conducted more than three thousand preliminary hearings and bond hearings. Yet, I still have the energy at forty-five to serve my current clients. There is nothing that will occur in a courtroom that I have not experienced before. When you are looking for an attorney, experience is everything.