If someone gets charged with elder abuse but the so called victim tells the D.A. that it's not true and does not want to be a wittness, can the D.A. press charges against the victim for not showing up for cour, and can the charges be stopped?
2007-08-01 16:34:12 · 3 answers · asked by nancy m 1 in Politics & Government ➔ Law Enforcement & Police
If the case is serious enough, the victim could be warned about obstruction of justice.
Just something to think about.
2007-08-01 17:09:40 · answer #1 · answered by CGIV76 7 · 1⤊ 0⤋
The DA can press charges if a witness under subpoena does not show up.
If there is a subpoena, the witness must show up to testify -- but the witness is free to answer (honestly) any way they want.
And a DA would be foolish to prosecute a case where the victim is going to testify that the abuse didn't happen.
2007-08-01 23:37:45 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
not usually, unless the victim was summoned or subponaed. Normally, they DA will drop the charges or nolle proseque when the alleged victim fails to show up and testify. The state can still pursue charges against the accused, but the burden of proof is on the state to prove it happened.
2007-08-01 23:38:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋