Thank you for contacting Just Answer.
It seems to me that it's in your best interest that the victim does not appear at trial.
If she does, it's unlikely that her criminal background will be allowed in as evidence at the trial.
Is your attorney a free attorney? What is it about him that you don't like? The main thing is that he has a great deal of experience in criminal law and success in winning cases.
I'll be looking forward to your response.
Well, if this is a paid attorney, there is nothing wrong with firing him and finding a better high-priced employee. That's right. The attorney is your employee, and if you don't like him, get rid of him.
Before you do, however, find another attorney. If the trial is only two weeks away, you want to make sure that you will be able to get a continuance, because it will take the new attorney time to get up to speed.
If your current attorney has been practicing criminal defense law for 32 years, chances are good that he knows what he's talking about, even if you don't like some of the answers.
There's also nothing wrong with you doing some of the footwork, because that saves money you'd have to pay him.
If your attorney tells you that certain types of evidence or witnesses can or can't be used, ask him why. He's probably right, but you and your fiancee need to understand why and why not he is making decisions or giving advice he does.
Please keep in mind that the alleged victim is an alleged victim of rape. If this case is heard by a jury, a jury is not going to take too kindly to a mean, nasty, aggressive attorney getting in her face. He's going to need to paint her as a liar without the jury turning against him or your fiance. It's quite a delicate balancing act.
One thing you can do, if you want to take the time, is contact a few other criminal defense attorneys in your area just for a one-hour consultation, to see if maybe one of them would take a different approach.
The "problem" with law is there are often no right or wrong answers, and the truth is often what a jury decides it is.
Am I helping? Is there anything else we should discuss? I'll be waiting.
With a warrant, the woman has to be found, of course. I don't know if it comes up when people go through security at airports - it should, but my guess is that the security people don't check for warrants.
If she's arrested she can still testify - sorry. All they have to do is transport her from the jail or prison.
If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will be paid for answering your question. Please consider clicking "BONUS" if you think I did a really great job and/or want to help me feed the deer where I live (see my picture). Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.
The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and either me or my law office.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).