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JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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if the victim dont come to court dont they suppose to threw

Customer Question

if the victim dont come to court dont they suppose to threw it out
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JD replied 5 years ago.
What was the charge? What type of hearing was scheduled? What state?
Customer: replied 5 years ago.
it was a home invasion/ aggrevated kiddnapp.i think it was prenating hearing where to about the case. the state broad have a hold on his released. so that mean he got to she the broad this time
Expert:  JD replied 5 years ago.

I am assuming this was a preliminary hearing that we're speaking about... if not please let me know. Preliminary hearings are very common and are fairly easy to schedule and reschedule... depending on the indulgence of the judge. If the state is not able to produce the witnesses against the defendant in a timely manner then the case would be dismissed for failure to prosecute, however the state will be given a few chances to produce their witnesses if the reasons for the delay are sufficient and the delay does not substantially impair the defendant's ability to defend himself.

 

He should likely speak to his attorney about filing a motion for speedy trial at this point since the delay could potentially trigger a parole violation while the charge is still pending. Once filed, a speedy trial demand begins a tolling of time during which the state must finish the case. While there are often generous windows of time in which the state may operate, demanding a speedy trial makes a note for the court to pay attention to the delays in this case. It will make it harder for the state to get anymore continuances.

 

Please reply if I can assist further.

 

________________________

Customer: replied 5 years ago.

but if the victim wrote the check to the defender and the defender left his home to go cash it in he know the defender was coming back why he a called the police they went to a bank together in the defender stay in the cabwhile the victim went in by hes self in the cab drop them back off at the victim house the defender ask the cab to want on him so he started curse the cab driver out she called the ploice in they force him to say that. that why he didnt show up the first time

 

 

 

Expert:  JD replied 5 years ago.

What I said above still applies. However based on what you said it doesn't appear the state will ever be able to produce a credible witness. If you can find this person and they sign an affidavit about what really happened, it could be used to get the prosecutor to dismiss the charges. Otherwise, his attorney will need to trigger the speedy trial and wait for the prosecution to fail in producing their "witness".

 

Please reply if I can assist further.

 

 

________________________

Customer: replied 5 years ago.
how many chances does the state get to make the victim come
Expert:  JD replied 5 years ago.

There is really no set amount. It all comes down to what the judge deems reasonable but when you file a motion for speedy trial then the timeline gets more demanding on the state. The motion for speedy trial puts everyone, particularly the judge, on notice that the defendant feels he/she is being prejudiced by delay and will have appellate courts review each and every continuance and delay. Continuances will generally be much harder to get after the speedy trial demand has been filed.

 

Please reply if I can assist further.

 

________________________

Customer: replied 5 years ago.
can i ask you one more question before i accept it. is there a chances a home invasion/ aggrevated kiddnapp can be beat? how you ever saw a case like this beat
Expert:  JD replied 5 years ago.

Any allegations can be false. Any false allegations can be disproved in court. However, every case is factually independant and each case depends on the facts that can be proven in court.

 

I should also point out that while the criminal case may be dropped, the parole violation could stand on the allegations alone. Many jurisdictions permit hearsay statements to be used in parole hearings. While I doubt they would be admissible in criminal court, I suspect they would be admissible in the parole hearing.

 

One of our other experts mentioned something to me that I think is worth repeating. Most states have victim/witness intimidation laws that bar any sort of behavior that would cause a witness or victim to refuse, recant, or change their testimony. Therefore you should be very careful in speaking with the victim, should you choose to do so, and make sure you have an independant witness (preferably a lawyer) who is with you during the conversation.

 

Please reply if I can assist further.

 

________________________

Customer: replied 5 years ago.
what do you mean by the second part about parole violation
Expert:  JD replied 5 years ago.
If you are on parole and are accused of a crime then it could be violated based on the allegations. You do not have to be convicted to have your parole violated. The allegations alone be sufficient to violated your parole if they so choose. This is something you should definitely discuss with your lawyer.

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