If a victim doesnt show up on court date is the case automatically dismissed by the judge? 45 Answers as of June 24, 2011

It may be. The State will usually ask for a continuance, and it is common for the court to grant each side 1-2 continuances each.

The victim will not generally be asked to come to court. The DA will meet with them or call them and they will appear at trial if necessary. If they do not appear at the Grand Jury or at trial the case may be dismissed if the DA needs their testimony to prove the case.

The answer is usually the court will dismiss unless the prosecution has her under subpoena, the they might grant them a continuance.

Not necessarily. If the prosecutor can prove the case without the victim., the prosecutor can elect to proceed with the trial. Also, if the defendant has any part in the victim's non attendance in court, the defendant can be charged with witness tampering or witness intimidation. At any rate, you should talk to a Georgia attorney to make sure of the law in that state.

Automatically? NO. Generally, if the DA knows the witness isnt going to show up at a preliminary hearing or trial, then they ask the case be continued and the court issues a warrant for the witness to be brought to the next court date.

No. Generally the prosecution is given time to get the witness to court if the witness has been subpoenaed and failed to appear. If they have not been subpoenaed, then the State might be granted a reset in order to continue to search for the witness. Finally, in some instances, the witness may not be necessary to the prosecution of the case and the case may proceed without the witness.

You should retain your own criminal lawyer in your community. No, a criminal case is not automatically dismissed merely because the victim doesn't show up. For instance, the D.A. may seek a continuance. Good luck!

Not necessarily. Criminal cases do have rules that have to be followed with regard to dismissals that violate your speedy trial rights. So while a case may not be dismissed on the first court date, it may very well be dismissed at a later date.

No. It's only when a victim doesn't show up for trial that it may present a problem for the prosecutor and the case could be eventually dismissed. Speak to your attorney about it. Good luck.

It depends - the judge could grant a continuance to get the victim there or could dismiss the case. It depends on why the victim did not show up, how old the case is and other factors.

Not initially, the case may be continued at the request of one or both attorneys. The judge would only have the option of dismissal for failure of the state to bring witnesses if the state has had clear opportunity to present witnesses and has failed to do so in several prior instances. The defense attorney must object to a continuance and ask the judge to sanction the state by dismissing the case. You should consult with an experienced attorney.

It depends. Often, if it is a petty case, then it gets dismissed. It is not inconceivable, however, that someone would be sent to get the witness if the prosecution really wants to proceed with the case. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights!

It would depend on what other evidence the state has. If the state has an independent witness who saw the whole thing then not necessarily. If the victim made statements to the police or 911, then there could also be exceptions to the evidentiary rules against the admission of hearsay that could be used to bring in the statements the victim made. On the other hand, it is common for cases to be dismissed if the victim does not show up.

The Judge would not automatically dismiss a case just because a victim doesn't show up for court. If a victim has expressed a lack of interest in being involved in a case, then that is something the prosecutor can take into consideration when deciding the ultimate outcome.

Usually the court will allow the state some time to find their witness. If they can't, however, and they can't prove the case without the victim's testimony, they may have to dismiss it.

While, the victim (complaining witness) normally cause a case to be dismissed it is not done automatically.

No, the victim would have to miss your trial date before a judge would normally consider dismissing the case.

It is in the judge's discretion to dismiss a case. A judge will usually not dismiss a case the first time a victim does not appear in court. The judge may not require a victim to appear unless the court needs their testimony.

That is not always the case. It depends on what evidence the State has.

Not automatically. It depends on why the victim didn't show up. Some judges dismiss in that situation, some continue the case to give the victim another chance to appear.

Not necessarily. The prosecutor has the burden of proving the charge beyond a reasonable doubt. If there are other witness who can testify and meet this burden, then the case could go forward. If there are not, the judge could adjourn the matter to allow the prosecutor to find his/her witness, or the judge could dismiss the matter. A dismissal may be without prejudice thereby allowing the prosecutor to renew the charges at a later date.

No - that is up to the DA how to proceed. For more information, please see my website or call me for a legal consultation.

It depends. If the prosecution has evidence of the crime that is independent of the victim's testimony, then there would not be an automatic dismissal. It would likely weaken the case though. The prosecution may be able to introduce prior statements of the victim or get a continuance if there is some evidence of witness unavailability.

Depends on what the court date is as well as other factors. If it's a felony, you are entitled to a preliminary examination within 14 days of your first court appearance. If the victim fails to show up for the prelim and there is still time to re-schedule the prelim within the 14-day timeframe, the prosecutor usually will and that is permissible. If the victim doesn't show up again, the case will be dismissed without prejudice which means the case could be re-filed. If the victim doesn't show up at trial, the case will probably be dismissed unless the prosecution can still meet their burden of proof with other witnesses. Sometimes this is possible and sometimes it isn't. It just depends on what type of case it is. Same thing goes for the prelim: they may or may not be able to meet their burden through the testimony of other witnesses.

No, the prosecutor will usually ask for a continuance date in the matter which the judge will normally grant.

The state can sometimes get the trial rescheduled, and the victim's testimony is not necessarily required; for example, if the crime is an assault, and someone else saw the assault, the defendant could be convicted without the victim's testimony. But if the victim doesn't show up at trial, a dismissal is a definite possibility.

Not necessarily. The court can continue the matter.

No. Normally the judge will give the prosecution a continuance and another chance to produce the witness. If the witness was under subpoena and didn't show, then the judge might issue a capias (warrant) for the witness.

It is by no means automatic. The prosecution will try to Prove their case through the police or other witnesses. You should have an attorney to protect your rights.

No it depends on the court date. If it is for trial and the testimony is needed to convict a person then the answer is that the prosecution can't prove the case and it gets dismissed or adjourned so the prosecutor can try to get the person there.

Not necessarily. Different Courts may do different things. Sometimes they may grant a motion to dismiss, sometimes the case may be continued in order to give the victim another chance to show up, and other times, the State may decide to go ahead and prosecute without the victim's cooperation, as happens sometimes in domestic violence cases.

No. Only when the victim's testimony is up next, and the victim is a no show, will the Judge dismiss the case. In other words, it depends where you are in the case. A victim usually doesn't need to show up the first day of trial.

The DA may request dismissal if that is what they need to prove their case.

I can only answer for Colorado, but not necessarily. It depends upon why the victim does not show and whether the State (DA) seeks a continuance and also upon speedy trial laws.