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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26861
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Shoplifting at Walmart $25.12 I had the intention to pay but

Customer Question

Shoplifting at Walmart $25.12 I had the intention to pay but was distracted and forgot to pay.Walmart Representative was at the register counter and I felt intimidated and forgot to pay and he sent me to Detention center released on Bail Bond $129.I pleaded not guilty in front of the Judge . Trial date 2/10 /2015.I am thinking if the Walmart representative does not show up at trial case dismissed.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


It is not necessarily true that if the Walmart representative doesn't show up, you can get your case dismissed. There may be other evidence with which the DA could go forward and still be able to meet his burden of proof without the representative. If that's not the case, however, the state will be given every opportunity to try to bring the Walmart representative into court. That includes getting a continuance and a new trial date. Also, the rep can be subpoenaed by the state, and he would have to obey it and can be compelled to testify.

In short, this is not like traffic court where, if the police officer doesn't show up the case immediately gets dismissed. It would have to be clear to the judge that an essential witness has gone missing and that despite the state's best efforts they will be unable to bring him/her in and meet their burden of proof on the case. When the defense feels the state has reached that point, he can move for a dismissal. But it's not likely to happen on February 10th. If the date is no good for the rep, he'll just be given another.

Customer: replied 1 year ago.
This is in Municipal court-Gallup New Mexico
Expert:  Zoey_ JD replied 1 year ago.

I understand. It doesn't change the answer. This is a criminal case.