If a victim/accuser is unavailable on the court date (in the hospital) what happens? 42 Answers as of September 20, 2012

Court date is the same as baby due date.

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Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
The court hearing/trial will be continued for good cause. It is not like the victim/witness is hiding or refusing to testify..
Answer Applies to: Washington
Replied: 9/20/2012
Myles Hahn III Attorney at Law | Myles Hahn III
Speak to a State's Attorney and explain the situation.
Answer Applies to: Illinois
Replied: 9/20/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The DA will seek to continue the trial.
Answer Applies to: California
Replied: 9/20/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Probably the case is continued.
Answer Applies to: Alabama
Replied: 9/20/2012
Hamblin Law Office | Sally Hamblin
The hearing can be adjourned. Depending on the court issue.
Answer Applies to: Michigan
Replied: 9/20/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The prosecution will ask for a continuance on the case to a future date, and this request will be honored by the Court.
    Answer Applies to: Illinois
    Replied: 9/20/2012
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    The prosecution will usually ask for a continuance. The court would usually grant a continuance in a case such as this.
    Answer Applies to: Montana
    Replied: 9/20/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Depends on other witnesses case could be continued or dismissed.
    Answer Applies to: Nevada
    Replied: 9/20/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    It will be probably be adjourned.
    Answer Applies to: Michigan
    Replied: 9/20/2012
    TTLAW
    TTLAW | Tristan teGroen
    If this person happens to be a key witness, the People will ask for an extension. And what sort of court date? Theses cases are very fluid with many extensions. In some Counties the People take weeks to announce that they are ready even after the case is set for trial. Even the trial dates are fluid.
    Answer Applies to: California
    Replied: 9/20/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    The hearing will be continued.
    Answer Applies to: Washington
    Replied: 9/20/2012
    Universal Law Group, Inc. | Francis John Cowhig
    It will depend on the D.A. and the court. Under the circumstances described, the court may continue the trial until after the birth of the child.
    Answer Applies to: California
    Replied: 9/20/2012
    Steven Alpers | Steven Alpers
    There will probably be a continuance granted for cause. The case will not be dismissed unless it is on the last day of a no time waiver and the DA is not ready. Discuss withdrawing your time waiver with your attorney.
    Answer Applies to: California
    Replied: 9/20/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The prosecutor will ask for a continuance and most likely get it. However, your lawyer should object and ask the charges be dismissed. The judge will likely grant the continuance, but you never know. If the same thing happens again, you will have a much better chance of getting the charge dismissed. This assumes that the witness' testimony is critical to prove the case against you. If they can go forward without this witness, then the best you can hope for is that they court forces your case to go forward without that particular witness.
    Answer Applies to: Massachusetts
    Replied: 9/20/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    It will get adjourned.
    Answer Applies to: New York
    Replied: 9/20/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Probaby a continuance for good cause. hough if a criinal case and hearing is a preliminary hearing, DA can probably just put on cops.
    Answer Applies to: California
    Replied: 9/20/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    If the victim is unavailable, the DA can decide to dismiss the case or they can request a continuance b/c the witness is unavailable. If you have an attorney, the attorney might be able to work out a better deal for you if the witness is unavailable.
    Answer Applies to: Nevada
    Replied: 9/20/2012
    Attorney at Law | Michael P. Vollandt
    The matter should be continued if the defendant will agree to a time waiver.
    Answer Applies to: California
    Replied: 9/20/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Court might be reset.
    Answer Applies to: Michigan
    Replied: 9/20/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    The case would be adjourned to when the witness would be available.
    Answer Applies to: New Jersey
    Replied: 9/20/2012
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    It is likely the case will be adjourned. Chances are the prosecutor is aware that victim may be in hospital, and can ask for a "good cause" adjournment. Only if the alleged victim repeatedly refuses to come to court will the case result in a dismissal.
    Answer Applies to: New York
    Replied: 9/20/2012
    Blough Law Office | Janis L. Blough
    The prosecutor will move to adjourn and, likely motion will be granted. Don't count on it, though; due dates are very unpredictable babies are born when they're ready, not according to your calendar.
    Answer Applies to: Michigan
    Replied: 9/20/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The complainant will not have to go to court unless the prosecutor requires it or if they have to testify at trial. If the complainant is unavailable the prosecutor will request an adjournment and the court will grant it.
    Answer Applies to: New York
    Replied: 9/20/2012
    Gates' Law, PLLC | Thomas E. Gates
    Ask the court for a new hearing date.
    Answer Applies to: Washington
    Replied: 9/20/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    An alleged victim would most likely be a material witness and since the material witness is unavailable due to a pregnancy the court could continue the case beyond the time for trial expiration date.
    Answer Applies to: Washington
    Replied: 9/20/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    If the prosecutor is notified in advance and that is passed on to the court the case will probably be continued.
    Answer Applies to: Missouri
    Replied: 9/20/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Depends on the circumstances of the case, but it is likely that the prosecutor will ask the court for a continuance of the hearing since a victim is unavailable with good reason, and likely will be available in the near future. You should check with your attorney though, the prosecutor may have "speedy trial" issues if time was not waived.
    Answer Applies to: California
    Replied: 9/20/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Nothing will happen unless that victim is scheduled to testify on that date. Otherwise the case simply gets continued.
    Answer Applies to: California
    Replied: 9/20/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    The case should be continued.
    Answer Applies to: Florida
    Replied: 9/20/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If the prosecutor is aware that the victim is in the hospital, the case will be continued to a date that the victim is available.
    Answer Applies to: Georgia
    Replied: 9/20/2012
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