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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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AA Felony case, Gross Sexual Imposition. Evidence is alleged

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AA Felony case, Gross Sexual Imposition. Evidence is alleged victim's statements to investigators that sexual acts took place, and written communication suggesting a dating relationship but no mention of sexual acts, registration slips from hotel where the alleged acts took place (only the defendant's name on slip). No DNA, no text messages, victim did not willingly take case to police.

If the victim tells them that she doesn't want to testify, or she doesn't respond to the subpoena, will the state proceed with the case anyway? Alleged victim was 14 at the time and will be 16 at time of trial.

Please tell me if the police or the District Attorney prosecutor's office has interviewed the victim?

Also why is it that she does not want to proceed with this, please? In other words, is this her idea or has someone told her not to do it?
Customer: replied 3 years ago.
As far as I know only the police have spoken with her. It seems that they may have told her that she wouldn't have to appear. I assume that they thought I would take a plea offer. Victim was pressured by her mother to make the statements. Now victim sees the results and doesn't want a conviction.


Thank you

Unfortunately, if the police have spoken to her then the State may proceed with prosecution based on the testimony of the police who took her interview.

So, whether she appears or not would be of no consequence, if the DA wants to proceed

Additionally, if she is subpoenaed and does not appear, the court can issue a warrant to have her brought to the court. Now, because she is a "Victim" that probably would not happen, but it is a real possibility

So to answer your questions - unfortunately, no. It appears there may be enough in a police report because of her interview to proceed with that evidence. It is not the evidence they have that you state - but what has she told

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