QUESTION
I have a misdemeanor assault with a deadly weapon charge (vehicle). If they dont show will it be dropped?
Asked on Sep 24th, 2019 on Criminal Law - North Carolina
More details to this question:
I was driving down the street when we were being followed by my boyfriend's ex girlfriend and her husband on a motorcycle. They were passing us with a gun on the handle bars but, all i did was hit the brakes. They claim i tried to run them off the road with my truck. He put the warrant on me not her. Both of them have lenghty criminal pasts. I on the other hand have nothing on mine. Im charged with assault with a deadly weapon with a minor present. If the plantiff doesn't show up for court will it be dropped? If I'm found guilty because of their lies, what am i looking at as far a sentence? Im scared out of my mind. I've never been through this before.
1 ANSWER
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Maybe. It depends on how the assistant district attorney runs the courtroom. In theory, it should be dropped if they do not show because the State cannot prove its case, however many counties won't drop on the first setting -- usually it takes a few chances to get the witness into court before they will drop the case.
You NEED an attorney for this case. There are many issues you've presented that can help you if this case goes to trial.
Answered on Sep 30th, 2019 at 5:45 AM