In Arizona if you are accused of a non-violent offense, do you have a right to face your accusor/victim?

Question

in court? If so, what happens if the victim refuses to come to the trial or doesn't want to testify.

Answer 1

One of the more common falacies about the law is that somebody has to "press charges" in order for a crime to be charged. As noted, criminal charges are always (not usually, always) filed by the government. The rights an accused person has are rights to protect him from the government. One of those rights is "confrontation," which is sometimes called the right to "face your accuser," but it really isn't. What it means is that the defendant has the right to have all the evidence against him presented in open court, and has the right to cross-examine any witness. This won't always be the victim (as mickeysco points out, if the victim had to testify there would never be a murder conviction).

Although it is common for a prosecutor to decline to pursue criminal charges when a victim is unwilling to testify, it is becoming more common lately for prosecutors to proceed anyway. There are two types of cases in which this happens most often. Domestic violence cases, where the "recanting spouse" is often believed to be recanding only due to fear, and gang cases, where witness or victim gang members may not want to testify for many reasons.

There are means that prosecutors have to force people to testify, ultimately they can be held in jail until they do. Refusing to obey a subpoena or testify is a contempt of court. (In California, there is an exception for the victim of a sex offense who cannot be forced to testify.)

Answer 2

Actually, there are ways around that, and for good reason. You always have the right to know who accused you, but this is where it gets interesting. For most felonies in most states, the victim does not press charges, the state does. That is why you hear " the state v. [insert name]" The state is technically the one charging/ accusing you with commiting the crime. Now, you, or your representative, have the right to review all evidence. If there is enough evidence to convict you of a crime without the need of testimony from the victim(s), then you may not physically get to see the persons "accusing" you. So, this is a yes and no answer I guess you could say.

Answer 3

This is a maybe, if you stole something from a store, the store owner may be the one to press charges, or report it, but if the DA has it all on film, they may not have anyone from the store testify.

So you have to be more clear on the crime and what the victim can testify to, If they don't need the victim to testify to make thier case, they don't have to have them.

Answer 4

You always have the right to face your accuser - or his/her representative, such as an attorney. If the person doesn't want to press charges, you'll be done with it. If they are too afraid of you to appear in Court, the attorney will speak for the victim.

Answer 5

You always have the right to face your accuser, if not then a mis-trial is in order

Answer 6

well they can be force to testify.....