2007-02-27 02:12:24 · 16 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
the victim did not press charges.
2007-02-27 02:20:08 · update #1
The DA's office filed the charges on a witness's complaint. The victim didn't file a complaint.
2007-02-27 02:21:42 · update #2
I am asking about a crimnal case.
2007-02-27 02:27:26 · update #3
this is a crimnal case
2007-02-27 04:51:10 · update #4
Depends on the circumstances. Sometimes they will dismiss the case, and sometimes the District attorney will take the case and move forward with it. It is much easier to fight a case with the witness.
2007-02-27 02:16:54 · answer #1 · answered by K_Seeks4Answers 3 · 0⤊ 0⤋
Man, what misinformation!
Civil Cases are not thrown out because someone doesn't show up. If that were the case, then NO ONE would show up when they were sued. When a person doesn't show up, it means that the accuser will win by default. A judgment will be entered and the winner of the case can proceed in getting wages garnished or monies paid.
Now, being that the VICTIM is not showing up, the case is considered null and usually 'dismissed'. It is not Thrown out. The victim can NOT sue again. If a case is thrown out, then the victim can sue again, so the courts are careful how these are handled.
In a CRIMINAL Case, the DA's office usually handles the case. The victim may not NEED to show up unless the case hinges on their testemony. Again, if the case has not enough evidence without the victim, it may be that the case is dismissed without any punishment for the criminal.
It is always advised to talk to a lawyer when you are a victim and be sure of where you should be and WHY.
2007-02-27 10:28:59 · answer #2 · answered by Marvinator 7 · 1⤊ 0⤋
If this is a criminal case, it WILL NOT get thrown out! In a criminal case, it is the STATE that is bringing charges against the accused, not the victim. However it may be difficult for the STATE to get a conviction without the testimony of the victim.
However, if it is a civil case and if it is the victim (more than likely) bringing charges against the accused, then it is possible that it may get thrown out. More than likely the judge will look at the circumstances as to why the victim did not show up, and simply reschedule the hearing.
*****Update*****
Dear Dumbasses below....
From the question, it is apparent that the guy is asking what happens if the "victim" (the person accusing him) does not show in court...not himself (the accused)
2007-02-27 10:25:15 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Sometimes the victim doesn't have to appear, for fear of retaliation, and the trial goes on. Did the victim file the charges or did the State. Its all up to the DA
2007-02-27 10:17:27 · answer #4 · answered by Springldy 2 · 0⤊ 0⤋
If the DA filed the charges then it's out of the victims hands and if they don't show up, a bench warrant can be issued forcing them to appear.
2007-02-27 10:49:28 · answer #5 · answered by Kevin A 6 · 0⤊ 0⤋
Depends on the role of the victim, is he the one pressing charges, or is it the state. If the victim is pressing charges and doesn't show, most likely the criminal will not be prosecuted, and the charges will be dropped. If it's the state, the victims presence doesn't matter.
2007-02-27 10:18:35 · answer #6 · answered by Ash523 1 · 2⤊ 0⤋
trial*
well then the case gets thrown out i believe because the victim is the acuser in the case
2007-02-27 10:15:41 · answer #7 · answered by ccutestuff2001 2 · 0⤊ 0⤋
there 2 ways you can look at this question , first of all , if you have a lawyer. he will appear on you behalf, second is if you don,t have a lawyer , of course there , will be a bench warrant issued, and it will be served on you , and you will be held until you can either, get bail , or until a new court date is set,,,,,. my advise to you , appear for your court date , and avoid all the hassle of being arrested again.
2007-02-27 10:28:35 · answer #8 · answered by david w 1 · 1⤊ 0⤋
The court can hold the person in contempt and issue an order for them to be imprisoned until they appear.
2007-02-27 10:16:56 · answer #9 · answered by cross-stitch kelly 7 · 1⤊ 0⤋
sometimes they can hold you in contempt court and hold you in jail until trial for fairing to appear, until trial so I would just go ahead testifly cause that can go on your crimminal record, and make it hard to get job, or credit, or an appartment is not testifly worth all that to you. you could not get a job in other words.
2007-03-06 21:17:52 · answer #10 · answered by Anonymous · 0⤊ 0⤋