QUESTION
If a victim/accuser is unavailable on the court date (in the hospital) what happens?
Asked on Sep 15th, 2012 on Criminal Law - California
24 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The court hearing/trial will be continued for good cause. It is not like the victim/witness is hiding or refusing to testify..
Answered on Sep 20th, 2012 at 11:27 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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The DA will seek to continue the trial.
Answered on Sep 20th, 2012 at 11:27 AM
Leonard A. Kaanta
It will be probably be adjourned.
Answered on Sep 20th, 2012 at 11:25 AM
The hearing will be continued.
Answered on Sep 20th, 2012 at 11:25 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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The prosecution will usually ask for a continuance. The court would usually grant a continuance in a case such as this.
Answered on Sep 20th, 2012 at 11:25 AM
Family Law Attorney serving Newbury Park, CA
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Tristan Tegroen, Attorneys at Law
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If this person happens to be a key witness, the People will ask for an extension. And what sort of court date? Theses cases are very fluid with many extensions. In some Counties the People take weeks to announce that they are ready even after the case is set for trial. Even the trial dates are fluid.
Answered on Sep 20th, 2012 at 11:24 AM
Michael J. Breczinski
The judge will probably adjourn the case for good cause.
Answered on Sep 20th, 2012 at 11:23 AM
This situation would be a good cause for the prosecution to get a continuance.
Answered on Sep 20th, 2012 at 11:23 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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The prosecutor will ask for a continuance and most likely get it. However, your lawyer should object and ask the charges be dismissed. The judge will likely grant the continuance, but you never know. If the same thing happens again, you will have a much better chance of getting the charge dismissed. This assumes that the witness' testimony is critical to prove the case against you. If they can go forward without this witness, then the best you can hope for is that they court forces your case to go forward without that particular witness.
Answered on Sep 20th, 2012 at 11:22 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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It depends on lots of factors. In some cases, the case gets dismissed. But in others that does not happen.
Answered on Sep 20th, 2012 at 11:22 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There will probably be a continuance granted for cause. The case will not be dismissed unless it is on the last day of a no time waiver and the DA is not ready. Discuss withdrawing your time waiver with your attorney.
Answered on Sep 20th, 2012 at 11:21 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It will get adjourned.
Answered on Sep 20th, 2012 at 11:21 AM
Steven D. Dunnings
Court might be reset.
Answered on Sep 20th, 2012 at 11:20 AM
Michael Paul Vollandt
The matter should be continued if the defendant will agree to a time waiver.
Answered on Sep 20th, 2012 at 11:20 AM
Gary Moore
The case would be adjourned to when the witness would be available.
Answered on Sep 20th, 2012 at 11:19 AM
The prosecutor will move to adjourn and, likely motion will be granted. Don't count on it, though; due dates are very unpredictable babies are born when they're ready, not according to your calendar.
Answered on Sep 20th, 2012 at 11:19 AM
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Most likely, the prosecutor will request a continuance to allow the accuser another date to testify. If the prosecutor doesn't know where the accuser is, they may dismiss the charges.
Answered on Sep 20th, 2012 at 11:08 AM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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An alleged victim would most likely be a material witness and since the material witness is unavailable due to a pregnancy the court could continue the case beyond the time for trial expiration date.
Answered on Sep 20th, 2012 at 11:07 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Normally the date will be reset, call the court in advance.
Answered on Sep 20th, 2012 at 11:07 AM
Thomas Edward Gates
Ask the court for a new hearing date.
Answered on Sep 20th, 2012 at 11:07 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The case should be continued.
Answered on Sep 20th, 2012 at 11:04 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Depends on the circumstances of the case, but it is likely that the prosecutor will ask the court for a continuance of the hearing since a victim is unavailable with good reason, and likely will be available in the near future. You should check with your attorney though, the prosecutor may have "speedy trial" issues if time was not waived.
Answered on Sep 20th, 2012 at 11:04 AM
Nothing will happen unless that victim is scheduled to testify on that date. Otherwise the case simply gets continued.
Answered on Sep 20th, 2012 at 11:03 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It will depend on the D.A. and the court. Under the circumstances described, the court may continue the trial until after the birth of the child.
Answered on Sep 20th, 2012 at 11:03 AM