QUESTION

What if plantiff don't show up for trial?

Asked on Sep 25th, 2012 on Criminal Law - Alabama
More details to this question:
Me and my boyfriend got into it. He went to jail I told DA I don't want to press charges against.
Report Abuse

14 ANSWERS

Leonard A. Kaanta
In Michigan, they can use the police report.
Answered on Oct 02nd, 2012 at 12:05 AM

Report Abuse
You should show up but you have a right in CA to refuse to testify Hire a lawyer.
Answered on Sep 27th, 2012 at 10:26 AM

Report Abuse
You could be held in CONTEMPT of court and face civil fines and/or jail time.
Answered on Sep 27th, 2012 at 10:24 AM

Report Abuse
Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
Update Your Profile
You are NOT the plaintiff. The City or the State (depending upon who is charging) is the plaintiff. This is a criminal case. You are simply the victim/witness to a crime (assault) that was allegedly committed by your boyfriend. You probably gave a statement to the police at the time your boyfriend was arrested. They can use that statement, as well as any evidence of injuries you may have sustained. If you choose not to show up for trial, the judge could issue a material witness warrant, which means that the police could go and pick you up (arrest) you and bring you to court to testify, and even hold you in jail until you testify (this is rather drastic, but I have seen it done). If you refute those statements that you gave the officer at the time of your boyfriends arrest, saying that you lied, then you could be charged with perjury ( a jail able offense). Once the police and the legal system is involved, you loose all control. What ultimately happens with your case (whether it goes to trial or not, is entirely up to the DA. In case you haven't figured it out by what I am telling you, the courts and the judicial system take domestic violence cases very seriously. If they simply dismiss your case, what are the chances that you and your boyfriend will be repeat customers to the judicial system. What if next time he really hurts you. If your boyfriend hit you once, he will hit you again. If you are telling me that you hit your boyfriend, chances are, you will do it again. If either of you is willing to strike the other, for whatever reason, it is clear that you have no respect for each other, in which case, you should seriously reconsider why you are together.
Answered on Sep 27th, 2012 at 10:23 AM

Report Abuse
Dennis P. Mikko
If a witness is subpoenaed into court, they must appear or face a possible contempt of court. If there is no subpoena, a witness does not have to voluntarily show up to court and nothing could be done to the witness. Even though you were the victim, it is not up to you whether charges are brought. The decisionn to charge in a criminal matter is solely within the discretion of the prosecuting attorney.
Answered on Sep 27th, 2012 at 10:22 AM

Report Abuse
Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
Update Your Profile
In a criminal case the State is the plaintiff, the victim is the person injured. When a victim does not show up for trial the case is not necessarily dismissed or dropped. If there is a police officer who can testify what the victim said, that evidence might be admissible, and the jury may be allowed to consider it. It is often better for the victim to show up. But each case is unique and we do not know exactly what happened or what the outcome might be. Only an attorney who knows all the facts can determine what it best to do.
Answered on Sep 27th, 2012 at 10:22 AM

Report Abuse
Michael J. Breczinski
If they subpoena you and you don't show up then you can go to jail.
Answered on Sep 27th, 2012 at 10:21 AM

Report Abuse
In a criminal action, the state is the plaintiff. In this case you appear to be the alleged victim. If you are subpoenaed to trial and do not show up, the state has the option of seeking a material witness warrant for your arrest and detention pending appearing before a judge. Best bet is to communicate clearly with the prosecutor and make you wishes known, but do not ignore a subpoena.
Answered on Sep 27th, 2012 at 10:20 AM

Report Abuse
You are NOT the plaintiff. Read the complaint, it is "People of the State of California v. your boyfriend." Whether you want to press charges or not is irrelevant. Prosecutors aren't stupid. People reconcile and make up all the time. DA's are trained to deal with recanting witnesses.
Answered on Sep 27th, 2012 at 10:20 AM

Report Abuse
Plaintiff? You mean victim? Usually lack of victim support is bad for a case but sometimes prosecutors can prove a case without victim support. If you do not wish for the case to go forward you may contact the DV advocate at the prosecutor's office and explain your position. The prosecutor will consider your position but is not required to follow your wishes.
Answered on Sep 27th, 2012 at 10:18 AM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
It will depend on whether or not the D.A. subpoenas you for the trial. If you receive a subpoena and do not appear at trial, the D.A. can requests a body attachment from the judge, in which case the judge will issue a warrant for your arrest and have you brought to the courthouse by the local sheriff department. If you do not receive a subpoena and do not appear, then the case will probably be dismissed for inability to prosecute. This, of course, is providing that you are the sole evidence against your boyfriend. If the D.A. has other evidence or witnesses, they may be able to proceed without you.
Answered on Sep 27th, 2012 at 10:17 AM

Report Abuse
Thomas Edward Gates
The plaintiff is the state or city. Your boyfriend is the defendant.
Answered on Sep 27th, 2012 at 10:17 AM

Report Abuse
Michael Paul Vollandt
If you are under subpoena and do not show up you will be arrested on a body attachment.
Answered on Sep 27th, 2012 at 10:14 AM

Report Abuse
Divorces Attorney serving Birmingham, AL
3 Awards
Typically charges will be dismissed. It may take 1-2 no shows but they will have a difficult time continuing case.
Answered on Sep 27th, 2012 at 10:13 AM

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