QUESTION
Did I make the right choice by taking the trial if the state and I both know the person who reported me will not show up in court?
Asked on Mar 12th, 2013 on Criminal Law - Michigan
More details to this question:
I got arrested about 2 months ago and I spent 9 nights in jail for it. On Monday March 11 ,2013, I went to a hearing and they told me that I was set for a trial date. They offered me a plea bargain for 346 days on non reporting probation. I said no because the person who called the police on me has never showed up in court. It has been 6 court dates now. So I took the trial. Do you think there's a great chance the case will just be dropped because he has not showed up and not answered the phone when the state calls?
8 ANSWERS
Health Law/Long Term Care Facilities for the Elderly Attorney serving Los Angeles, CA
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Murchison & Cumming, LLP
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The complaining wit does not have to show up at these preliminary hearings. That does not mean they won't show up at trial. Frankly, you are the only one who knows if you have a problem. If you do, the non-reporting probation is not too bad.
Answered on May 14th, 2013 at 7:14 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The witness is not required to show up at any court hearing except the trial and sometime the preliminary hearing. The fact that he has not been in court to date does not mean that he will not be subpoenaed by the D.A. and will not be at the trial. If the witness does not show up at trial, the D.A. will probably announce "unable to proceed" and the case will be dismissed. If the witness does show up, you take your chances with the jury.
Answered on Mar 13th, 2013 at 4:55 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I have absolutely no idea. You do not tell me anything about the case or the charge and what this person might testify to. If they want the witness bad enough, they will find him/her and perhaps pick that person up on a material witness warrant.
Answered on Mar 12th, 2013 at 10:05 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If the state cannot meet their burden of proof because a key witness fails to appear for trial, then they would have little to no choice but to dismiss unless they can meet their burden without the witness. They could issue a bench warrant for that witness's arrest and force them to appear for trial that way once they arrest him. Any plea offers should be thoroughly with your lawyer before accepting or declining.
Answered on Mar 12th, 2013 at 9:43 PM
Auto Accidents Attorney serving St. Paul, MN
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Arechigo & Stokka, P.A.
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Depending on the type of previous court appearances you've had in this matter, the complainant may not have been required to be present in court. Depending on the circumstances of the case, the amount of evidence and number of witnesses, the state can still go forward with its prosecution at trial even if the complainant fails to show for trial. I would need to know more about the facts and circumstances of your case before I could tell you whether it's likely the state would try to go forward with a trial if the complainant fails to show.
Answered on Mar 12th, 2013 at 9:05 PM
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That is likely, but there are ways to proceed without a victim lets discuss representation to make sure you are in the clear.
Answered on Mar 12th, 2013 at 8:57 PM
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Without knowing him, it's impossible to say if he will change his mind. Since you know him, you are in the best position. If he never shows, that makes the case weak, which likely means you made the right choice, but I'd need to know all the facts to say for sure.
Answered on Mar 12th, 2013 at 8:54 PM
Michael J. Breczinski
Well if the person is critical to the case and does not show up then you have chosen right.
Answered on Mar 12th, 2013 at 8:54 PM