What happens if the victim leaves the state and cannot be found?

Question

What happens in a case where someone has been charged with a crime but the victim has left the state and can no longer be found? Will the case be dismissed? If it is not, can there be a mistrial because doesn't the person who has been accused have a right to question the victim?

Answer 1

Failure to prosecute might be the result. The criminal case will be dismissed when the law of particular country/state requires the presence, attendance and participation of the offended party. The offended party cannot confirm the validity of the charges in his absence.

Answer 2

The accused has the right to face his accuser, which is not necessarily the victim.

It is possible to prosecute someone without the victim being available, if there's enough evidence without the victims testimony.

In "most" cases, if the victim isn't present, his/her testimony cannot be entered into evidence, but if the DA thinks he can get a conviction without the victims testimony, e's free to proceed.

After all, the victim NEVER testifies in a murder trial.....

Richard

Answer 3

NO it should not be dismissed. If their was a statement taken they should be good to go. Alot of time time is depends on which state also you are in. Most states protect the victims and they don't bother them at all.

Answer 4

Maybe the accused killed and hid the body of the victim.

Answer 5

I'm not sure, but I know that if you are suing someone and they leave the state, you can't continue it until they return or are in custody of the state. I think it would apply to your question as well.

Answer 6

Don't worry, you are still going to jail regardless. The victim doesn't need to testify, its the evidence that will prove you guilty now, not their testimony.

Answer 7

don't know, if the state is filing charges, then...
I have no idea