how do i know if an assault case is criminal? if it's not, can da case b dissmissed if plaintiff doesn't show?

Question

my dad was drunk and was screaming at my brother(his step son) and chasing him on the street. my brother called the cops and when they got there, they found a screwdriver on my dad's pocket. he got arrested and has order to court. he was charged with assault and was not required to post bail. i was wondering if the charge can be dropped if my brother did not show up. help. please.

Answer 1

All assault cases are criminal. If the screwdriver was not used in an attack, then it has no bearing on the case. Your dad had to post bond. If it wasn't in cash, then he was released on his signature. If your brother doesn't show up in court, the case could be dismissed, or the Judge could continue the case, and order your brother to court.

Answer 2

o.k. first take a deep breath every thing will be o.k.who pressed the charges?your brother or the police?if it was your brother and he does not show up then the case will be thrown out but if the cops pressed the charges talk to the prosecutor and tell him what happened you can make a deal just like and attorney would i was in the same boat walked away with a fine and 6 months prob.good luck

Answer 3

Basic answer, if your brother did not show up to testify, assault charges would most likely be dismissed.

There is more to this than what you say. Having a screwdriver in one's pocket is hardly an assault.

Answer 4

If the police arrested him and he was charged, it is a criminal charge. It is unlikely they will drop the charges even if you brow-beat your brother into not going to court.

Answer 5

You dad still has to go to court because he was arrested. It wasn't really assualt but it was the threat of assualt. If your father doesn't show he will go to jail. If your brother doesn't show then sometimes the charges are dropped but the drunk in public will not be dropped.