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If the complaining witness does not appear at the Circuit Court, the case might be dismissed assuming that the government does not have other witnesses who can make their case against you. If the complaining witness is served with a subpoena and she does not appear in court, she could be arresteed and charged with a separate crime.
Answer Applies to: Maryland
Replied: 2/22/2012
William L. Welch, III Attorney | William L. Welch, III
Whether the case is dismissed, if the witness fails to appear depends on whether the state seeks and the court grants a postponement. Unlike a drug case, which would have no victims, the state might take the victim's failure to appear as evidence of foul play. Whether the state and court pursue contemp for failing to appear is up to them. However, fear would be good mitigation.
Answer Applies to: Maryland
Replied: 2/22/2012




