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Does a defendant win a domestic case if the victim doesn't show for court?
Wiki User
∙ 10y ago
It depends on the situation. I had this exact same situation occur to me, but I was the defendant and I wanted to fight the charge. I opted to go to trial, and from that point I had 30 days to receive my quick and speedy trial (CA). When I was 10 days away from my trial date, I had to go into court, and the (so called) victim was supposed to be there as well, but she wasn't. Long story short, during the last 10 days leading up to my trial date, I had to return to court nearly every day to see if the District Atty found and got her to to come in, and if not, to see if he wanted to dismiss or keep "trailing" until the day prior to trial. On the day prior to the trial date, the District Atty announced to the judge that he was unable to proceed because he couldn't locate the victim. In my case, I had evidence that would have helped me, and without his star witness, the D.A. had no chance of winning.
I'm not a legal guru, but I'd say if there is enough evidence (medical records, other witnesses, etc...), the District Atty will go after you, even if he doesn't have the victim.
Wiki User
∙ 11y ago
Wiki User
∙ 10y agoNo If there were other witnesses to the incident, the defendant can still be found guilty. So murdering your wife to keep her from testifying that you beat her is not a foolproof plan.
Another PerspectiveIn a domestic relations case the judge may continue the case or may dismiss it depending on the circumstances. Generally, the case would be dismissed. It would not be considered a "win" for the defendant.
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How the defendant pay to the victim?
Restitution is paid generally through the Defendant's probation officer if he has one or the Clerk's Office of the sentencing court. If the Defendant does pay the victim directly he should get a receipt or note stating how much was paid and how much is the balance due.
What happens if defendant doesnt show for court?
In all probablity the judge will issue a warrant for his/her arrest.
What does the prosecution means?
The prosecution in the court room means they are representing the victim in a criminal case. The prosecution has the responsibility to prove that the defendant is guilty.
How can you dismiss a domestic violence charge in miamifl by the state?
To dismiss this charges. You have to contact the victim, lawyers and the court.
Can a victim appeal a court's sentence of a defendant?
No. Only the sentenced defendant can appeal their own sentence. However if you really feel strongly about it, you can approach the defense attorney and tell them you will gladly testify on their clients behalf.
How long to you go to jail for domestic violence in Washington?
In all cases where there is a conviction on a domestic violence charge, the court is required by law to order the defendant to enroll in a State Certified Domestic Violence Perpetrators Program.
What happens if the victim does not show up to a domestic violence case in New York?
The court will record the fact the victim did not turn up for a domestic violence case and it will be up to the victim's lawyer to decide what is next. Sometimes the victim of abuse feels threatened by her abuser or has been threatened to drop the case against the abuser.
What is the visual impact of autopsy pictures in a court of law?
The visual impact of autopsy pictures in a court of law will aid jurors and the court itself on the nature of the cause of death to the victim. It is also considered evidence against or for the defendant.
Who were the plaintiff and defendant for the Microsoft court case with Novell?
Who were the plaintifif and the defendant?
What does a defendant do in court?
The defendant is the person charged with the offence who is seated at the back of the court room until needed for giving evidence.
When can an appeal be made in court?
When a defendant is found guilty in the trial court, an appeal can be held in the appellate court. Appeals are often done when a defendant maintains their innocence.
What is the name of the person on trial in a court of law?
Which person? In most trials, there is a judge, a prosecutor or plaintiff's attorney, a plaintiff, a defendant, defendant's attorney, a court reporter and clerk, baliffs, witnesses, jurors, and observers.
