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The judge has the option of dismissing the case, but they usually defer to the prosecutor and grant another hearing so that the prosecutor (or law enforcement) can look into why the complainant failed to show.

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14y ago
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13y ago

Although I have never personally seen or heard of it happening I suppose it could. The defense would probably move to dismiss on the grounds of 'lack of prosecution,' but I seriously doubt that the judge would grant the motion, at that time, and would probably take the motion under advisement while looking into the circumstances of the prosecutors FTA.

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Q: What happens if the subpoenaed accuser in a criminal matter does not show up in court?
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