Probably. If there is no real evidence (no witnesses, no material evidence, or video evidence) then it will probably get thrown out. Do not take a plea aggreement if there is no evidence but the plantiff's word and especially if the plantiff refuses to testify.
2007-04-08 11:05:47
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answer #1
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answered by Educated 7
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The crown resides the right under law to prosecute cases without the consent of the victim.
The evidence is stil there, form the arretsing officer who would have witnessed the victims demeanor any injuries and the circumstances under which the allegations were made.
So the CPS can still prosecute the case, especially if it is a public interest case, or domestic violence.
But you cant Have it dismessed, the prosecution service can shose to withdraw the case, its not up to the defendant and their legal representative.
2007-04-07 17:12:51
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answer #2
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answered by the mofo 4
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There is a good chance that the case will be dismissed unless it is a domestic assault. The plaintiff may be compelled to testify in those cases.
2007-04-07 12:38:21
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answer #3
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answered by joeanonymous 6
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Possibly! You've not really provided enough information. If the complaint was made by the Victim and investigated by the police, it's also possible that based upon the investigation, the prosecution would continue to pursue the case.
Is it likely...not really! Your constitution provides you the ability to "face your accusors" and as such...without the testimony of the Victim...the case could be dismissed.
2007-04-07 12:35:11
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answer #4
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answered by KC V ™ 7
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If it's criminal, the state must prove the case, and the state is the plaintiff. If it's a civil matter and there's no plaintiff, there's no case.
2007-04-07 14:07:56
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answer #5
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answered by Yesugi 5
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depends if the state piks it up.they usually wana make the charge stick so they can get $ out of 1 of ya'.plaintiff &defendant can try goin to anger managemant classes b4 court date maybe judge would accept actions.
2007-04-07 21:05:08
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answer #6
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answered by louie 1
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If the state spent money on getting to that point then most likely they will prosecute to get their money back! The system is ALL about $$$ and NOTHING about justice or law!
2007-04-07 12:36:54
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answer #7
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answered by Snowdog74 3
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If there is no other evidence in the case or if it is flimsy then yes they can.
2007-04-07 16:13:14
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answer #8
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answered by sfs18 3
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yes, unless they have other evidence besides the defendant
2007-04-07 14:55:53
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answer #9
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answered by firstmammaw 2
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