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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28331
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am currently facing charges of misdemeanor battery on a

Customer Question

I am currently facing charges of misdemeanor battery on a household member, there was little to no physical evidence of battery, and the arrest was made solely on the word of the alleged victim and a witness. The alleged victim and the only witness are my long term partner and a close family friend, and neither one has any desire to testify against me in any kind of legal proceeding. My question is two-fold, one; could the district attorney pursue a conviction without the cooperation of the only two witnesses? and two; can the district attorney or the courts pressure the witnesses to testify? or could there be possible legal consequences for them if they refused to testify in a trial?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I am sorry to hear about what you are going through and certainly understand. If the victim and witness do not cooperate and appear at trial, then the State will not be able to proceed. They will have to drop the charged at that point, since they would have a VERY hard time proving their case beyond a reasonable doubt, without any witness/evidence to present. In addition, they can subpoena and pressure them to testify. That is what they will do but often, if they do not hear from the people or are able to contact them, then the State typically will know they are not interested in cooperating or the case and will back off and dismiss it. If they refuse to testify, the Judge can go after them but it rarely happens in a case like this.

Expert:  FamilyAnswer replied 1 year ago.

Have they spoken with the prosecutor and advised they do not want to proceed with the prosecution?