If the victim doesn’t show up in magistrate hearing, what’s going to happen?

There are a number of different possible outcomes that could occur, when an alleged victim fails to appear at a Clerk-Magistrate's Show Cause Hearing. Often the victim does not appear and a police representative provides the facts to the Clerk. In fact, quiet often the investigating officer's report is just read into the record by the police representative. The standard to be applied by the Clerk-Magistrate to the application for the criminal complaint to issue is: * 1. Do the facts as represented, demonstrate a crime was committed?* * 2. Is it MORE LIKELY THAN NOT, THE DEFENDANT COMMITTED THE ACTS AS ALLEGED.* Notice there is no mention of proof beyond a reasonable doubt. *The criminal standard of proof beyond a reasonable doubt is not applied at a Show Cause Hearing* but is applied thereafter in the courtroom after a finding of probable cause to issue the criminal complaint. Hence, the standard for the issuance of the criminal complaint is much lower than the standard for guilt of proof beyond a reasonable doubt. If the victim fails to appear at your Show Cause Hearing, you have to make a judgment call. Either go forward and offer your version arguing that the evidence is in conflict with #s 1 & 2 above or ask for a continuance of the Hearing so that you can summons in the victim thereby giving the Clerk-Magistrate a better perspective. If the victim fails to show at the second Hearing, then you are in a much stronger position to request that the complaint not issue against you and the matter ends. It is always better strategy to have an experienced criminal defense attorney represent you.