View Full Version : Can charges be dropped if victim doesn't testify?


Banleno007
02-20-2012, 10:55 AM
My boyfriend is in jail and hasnt had his trial yet. The state is pressing charges against him over me, the "victim". When his trial comes to court, do they need me to testify if they already have a statement from me and dna evidence? Can they convict him with just that or do i have to testify? If I don't testify, will the charges be dropped or will he get a lesser sentence?

lovemipapi
02-20-2012, 10:58 AM
The only answer i can offer, is if you are supposed to testify you need to go and testify, they can hold you in contempt of court if you do not come testify. Beyond that, I rlly dunno.

Someone else might be able to fill ya in with those details

LeBeau
02-20-2012, 11:09 AM
The charges probably won't be dropped, the state is the plaintiff in a criminal matter and can go forward without the victim's cooperation.

If you've been subpeonaed and don't show up, you can face legal consequences.

Not testifying won't do any good and can only complicate your life.

Onedaycloser13
02-20-2012, 11:33 AM
My boyfriend is in jail and hasnt had his trial yet. The state is pressing charges against him over me, the "victim". When his trial comes to court, do they need me to testify if they already have a statement from me and dna evidence? Can they convict him with just that or do i have to testify? If I don't testify, will the charges be dropped or will he get a lesser sentence?


There really isn't really an easy way to answer this, but you will probably be subpoenaed and in that case you are obligated to testify. If they really want you to testify, once you are subpoenaed and don't show they can hold you in contempt, arrest you, and then you sit in jail until the court date. Will they do that, who knows. Whether or not they can convict, well that probably has to do with what they have and their case as well as what will happen to the charges.

RobinsMan
02-22-2012, 12:34 PM
The state con proceed to trial but they need a witness. I have witnessed a case dismissed the day of trial, jury waiting out in the hall, because the witness failed to appear and the state couldn't find them.

yourself
02-22-2012, 12:42 PM
The state con proceed to trial but they need a witness. I have witnessed a case dismissed the day of trial, jury waiting out in the hall, because the witness failed to appear and the state couldn't find them.

That has been known to happen. However, in DV cases or cases where it's doubtful that a particular witness will show up, they usually have the cops who responded ready, willing, and able to testify so that they can proceed with the prosecution.

Think of it this way; they usually go forward with murder trials even though the victim is not able to testify.

You need to ask; what other witnesses are available. Those witnesses can be police, doctors, lab technicians, crime scene technicians, and others who had contact with the crime.

Further, failure to show up can bring more investigations and charges. If you're served with a subpoena to testify, you can be held in contempt of court, which can be civil or criminal (the difference being that the criminal is punishable by jail time, not just a large fine). The Defendant or his people can be charged with interference if they had contact with you and LEO believes that's why you didn't show up.