QUESTION

Can assault charges get dismissed if the victim left the country?

Asked on Jul 25th, 2012 on Criminal Law - Texas
More details to this question:
My friend has recently made a serious error. Til now he has never even gotten a speeding ticket but lost his temper on his wife and caught an Aggravated Assault with a Deadly weapon charge. First there was no bodily injury, and secondly his wife left for her home country. He's currently still in jail but is wondering about any possibility of dismissal if the only actual witness never shows. They are going through a divorce and she has no intention of ever returning to the US. I talk to him often in jail and he's pretty worried that his first and only offense in life is going to land him in prison. Like I said he's a good guy, never even got a traffic ticket, but work stress and other stuff and he made a mistake. He's wondering if there was any chance of dismissal if the witness is not present, much less in country.
Report Abuse

1 ANSWER

Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
3 Awards
You need to hire your friend a good trial attorney. The DA can still make this case with the officers report. It tougher to make the case without her, but not impossible. Need to hire him and attorney and fight this thing.
Answered on Aug 16th, 2012 at 7:57 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters