QUESTION

If the person who called 911 on me leaves the state before we go to court what happens?

Asked on Jan 07th, 2014 on Criminal Law - South Carolina
More details to this question:
In October 2013 I was charged with simple assault and DUI after the officers arrived. My blood was taken like 5 hours later and when they took my blood they had their backs to me. Since then my daughter who called 911 has left the state before we go to court. Where does that leave me for my defense?
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7 ANSWERS

Michael J. Breczinski
If they need her testimony in order to convict her and she does not come back then they have no case.
Answered on Jan 14th, 2014 at 4:44 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Looks good. Lot of defenses.
Answered on Jan 09th, 2014 at 12:35 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would need more the details, but absolutely you need a good defense attorney. These are significant charges and can have many long-term future effects.
Answered on Jan 09th, 2014 at 12:02 PM

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Entertainment Law Attorney serving Kew Gardens, NY at Victor Knapp, Esq.
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It depends. Some prosecutors will still try to prosecute a case (especially domestic violence cases) even though the complainant is not cooperative or is missing. They do this by attempting to introduce the 911 calls (if an appropriate evidentiary foundation is made) as well as testimony from the responding police officer to testify as to their observations (i.e., bruises , bleeding, other injuries, evidence of a scuffle, etc.) and even their conversations with the complainant (again assuming an appropriate evidentiary foundation is made). The DWI issue is complicated because there are issues of probable cause for the arrest, proof of operating a vehicle, timing and consent to any blood extraction.
Answered on Jan 08th, 2014 at 10:29 PM

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They don't need your daughter. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 08th, 2014 at 10:29 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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With these charges, I sure hope you are using the services of an attorney. Having said that, she could be brought back to testify. Absent her testimony, it may or may not impact your case. I would have to review the case file to determine how her testimony, or lack thereof, might impact your case.
Answered on Jan 08th, 2014 at 10:28 PM

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In SC, Simple Assault and DUI are both serious criminal charges. With the DUI especially, there are a lot of very technical legal issues and administrative issues to deal with in a case like this. There are several factors, including but not limited to your daughter's testimony, that could seriously effect the outcome of this case. You should consult in person with a local attorney as soon as possible.
Answered on Jan 08th, 2014 at 10:03 PM

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