If victim doesn't show up will charges be dropped?
Asked on Jun 04th, 2015 on Criminal Law - California
More details to this question:
My fiancé’s father was living with us for two months and was drinking heavily and taking prescription pills (2-3 times more than his prescribed amount). Anyways he fell on a solid wood chest and broke his jaw, hardly, at the tip of his cheek. He went to the hospital for this, we gave him a ride & even sat with him. Everything was fine. The next day he asked for a ride to the hospital because his jaw hurt, so I took him and dropped him off. My fiancé picked him up and the nurse asked him if he was the son that broke his jaw? My fiancé was confused and his dad does "oh no, not that son, a different one." He doesn't even have another son. Anyways, we kicked him out because we have two children and they don't need to be subjected to a 58 year olds messed up life. Next thing we know my fiancé has charges filed on him for "breaking his jaw" and cps shows up because suddenly we are both doing heroin. Cps immediately dropped out case as obviously that was a huge lie. Due to all his lies and the fact he's drunk and high, can my fiancé seriously be charged with this?! Obviously I would be a witness for him, all the state has is hearsay!
Of course he can be charged. Whether or not there is enough evidence to convict him is another story. If he has been charged, he needs to hire the best criminal defense attorney he can afford to defend him.
Just because a witness doesn't show up doesn't mean the charges will be dropped. If the elements of the crime can be proven without the witness/victim testimony, the prosecution will move forward.
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