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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4404
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I have a misdemeanor assault charge against me by an individual

Resolved Question:

I have a misdemeanor assault charge against me by an individual whom I know will not show up to a court appearance as she is mentally incapable as well as out of the state for an indeterminate period of time. I had a consultation with a local criminal defense lawyer who advised me to plead "not guilty" at my arraignment that's in two days. I was going to hire this criminal lawyer but went to pay her today and was told she does not accept credit cards. So, I am now scrambling to figure this out. Will the case automatically be dismissed if the accuser does not show up the court hearing? Is there anything I would need the help of a lawyer to do between the arraignment and the court date that I cannot do myself?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.
Hello.

The case may be dismissed at arraignment but it is not very likely. The prosecutor will probably wait to see if they have had contact with the victim by the trial date. If one or two trial dates pass without the victim showing up, then the case will probably have to be dismissed at that point.

If you can't afford to pay a private lawyer you may qualify for the services of the public defender. If you do, I'd suggest signing up for that rather than paying a private attorney. If she really never shows up you likely won't need an attorney but it is good to have one as a backup in case she shows up ready for trial.
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