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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23555
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I'm charged with f2 assault f3 domestic state of Ohio

Customer Question

I'm charged with f2 assault f3 domestic state of Ohio brought charges .my wife showed up to prelim made statement but now isn't going to show up for trial. Will the state drop charges
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
If the state does not have enough evidence to go forward without your wife's testimony and they cannot find your wife to bring her in involuntarily (yes, they can and will do that), then they will dismiss the charges.
If, on the other hand, they can go forward because they have medical evidence or witnesses and believe they have enough non-hearsay evidence to still build a case beyond a reasonable doubt without her, they will do so.
So it's all going to depend upon the cards the prosecutor is holding in his hand. With felony domestic violence charges, there would either be verifiable injuries or a weapon alleged to have been used, and the state will be certain to want a conviction if they can get it.

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