QUESTION
How can your trial go if the victim doesn't show up?
Asked on Jul 31st, 2013 on Criminal Law - Indiana
More details to this question:
My stepson's mother was arrested last September for badly beating a man and kidnapping him, sexual assault and so many other charges . She is still in there with a million dollar bond. It's going to be a year and she's still in there. What will happen if the victim doesn't show up in the trial? Will they drop all her charges even if they have the evidence it was her but the victim just didn't show up?
5 ANSWERS
Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Rockhill Pinnick LLP
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This does not mean the case would be automatically dropped.
Answered on Aug 06th, 2013 at 9:55 PM
Thomas Edward Gates
There appears to be enough evidence to convict without the victim appearing.
Answered on Aug 06th, 2013 at 9:55 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If the victim does not appear at trial, there is a good possibility that the charges will be dismissed.
Answered on Aug 06th, 2013 at 9:55 PM
Michael J. Breczinski
They will need the person's testimony to show the crime happened, I suspect not knowing any more facts. If that person is critical to the State's case then they will to dismiss.
Answered on Aug 06th, 2013 at 9:55 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Usually, the case can't go forward without a victim. There are two exceptions to this rule: 1. There are other percipient witnesses to the crime. 2. The State is able to get the victim's statements in as contemporaneous non-testimonial statements. The second exception involves the Fifth Amendment's confrontation clause and US Supreme Court cases named Crawford, Davis and Bryant. The confrontation clause says you have a right to confront your accusers and to cross-examine them. Crawford, Davis and Bryant say this prohibits the State from admitting into evidence statements made by the victim unless the statements are contemporaneous. That is describing what is currently happening to the victim. In Bryant the US Supreme Court said you can also admit testimony describing someone who is dangerous.
Answered on Aug 06th, 2013 at 9:55 PM