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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23153
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was arrested on a false DV charge, his accusor did not

Customer Question

My son was arrested on a false DV charge, his accusor did not go to court and has stated to me ,she has no intention on going,his lawyer told me she would have to miss two more court appearance before its dismissed. ..why do my son has to even go through that?
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.
Hello, Unfortunately, with criminal cases, the judge will give the ADA every possible opportunity to try to convince the complainant to come in and testify before the case will be dismissed. The ADA has the right to subpoena the complainant and bring her in whether she wants to prosecute or not. The ADA can even have her arrested and brought in that way, though they generally don't. Your son has the right to a speedy trial, which, with a misdemeanor charge, gives the state 90 days in which to be able to state ready for trial. After that, if they can't bring in the complainant, the case has to be dismissed. Those 90 days aren't necessarily 90 consecutive calendar days. They are a total of 90 days during which the ADA cannot state ready on the case, while everybody else is ready to go forward, like now, when the delay is because the state doesn't have its key witness. I'm guessing that your son's lawyer has already done the math and can get the case dismissed in two more court appearances. However, she could show up and the ADA will take all the time they are entitled to, which is why your son still has to go through all of this.