What happens if me or defendant don’t show up for larceny will it be dismissed? 19 Answers as of May 28, 2013

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
No. IF defendant fails to appear, there will be a bench warrant. IF you fail to appear the prosecutor may issue a material witness warrant. In effect, you could both end up in jail for not appearing.
Answer Applies to: Georgia
Replied: 11/15/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
No. Rather, a warrant will be issued for your arrest on the basis of your failure to appear.
Answer Applies to: California
Replied: 11/10/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
If the defendant does not show up a bench warrant will be issued. If the witness, who was subpoenaed does not show up, then a bench warrant for that person will be issued.
Answer Applies to: Michigan
Replied: 11/9/2012
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It all depends on what part "you" play in this picture. If you are a victim or witness and ordered by the court to appear and you do not, they could issue a bench warrant for your arrest and/or hold you in contempt. If you are crucial to the prosecution's case and you fail to appear, the case may be delayed or dismissed. If the Defendant does not appear for court, he will probably get a bench warrant issued.
Answer Applies to: Michigan
Replied: 11/8/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
If the defendant does not appear the judge will issue a bench warrant. The victim does not appear unless noticed to be in court to talk to the prosecutor or for a trial. You should retain a criminal lawyer, or if you are indigent, and I assume that you are, the court will appoint a public defender.
Answer Applies to: New York
Replied: 11/8/2012
    Universal Law Group, Inc. | Francis John Cowhig
    I believe you are asking what would happen if you and the defendant does not show up to court as ordered. Without knowing your involvement in the case, I cannot advise you of the consequences. However, if your friend is a defendant in a criminal action and fails to appear in court, the judge will issue a bench warrant for his arrest, revoke his bond if he is out on bail and could issue a no-bond hold.
    Answer Applies to: California
    Replied: 11/8/2012
    Attorney at Law | Michael P. Vollandt
    No. A warrant will be issued for your arrest.
    Answer Applies to: California
    Replied: 11/8/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    If you don't show up a warrant is likely to go out for your arrest. You don't win a case by not appearing. If they have served you, you will be charged with a failure to appear. You need a lawyer and we can help.
    Answer Applies to: Nebraska
    Replied: 11/8/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    No warrants may issue for both of you.
    Answer Applies to: Washington
    Replied: 11/8/2012
    Law Office of John Schum, LLC
    Law Office of John Schum, LLC | John Schum
    Not showing up for court will not make this go away but instead will make it worse. You are looking at a bench warrant being issued for your arrest and a contempt of court charge added. You need to go to court. Depending on what you took you are looking at either a misdemeanor or felony charge of theft. These can carry a prison sentence. You will not likely get sentenced to jail if you have a clean record. There are some legal mechanisms that will allow you to keep this conviction off your record. This is a significant opportunity you should not pass up. You will need a lawyer to have the best chance to keep the conviction off your record and know all the rights and problems with this course of action. This is one of my areas of practice and can help you with this case if you desire. I hope this helps you sort your legal situation out.
    Answer Applies to: Hawaii
    Replied: 11/8/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I assume you pressed charges in this case. If the case is handled in a court with a large court call, like in a major city, there is a chance it would be dismissed. However, if bond was posted, it could be forfeited. If the venue of the case is rural or small town or village, there is a chance the court would issue a warrant for the defendant, and a bench warrant for your arrest for failure to appear and testify. In all felony cases, the latter situation would be followed. Remember that the state is the party plaintiff in a criminal case, not the complainant. It is up to the prosecutor to drop the charges, not you (complainant).
    Answer Applies to: Illinois
    Replied: 11/8/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If you are the defendants, the answer is NO. Warrants will be issued for your arrest.
    Answer Applies to: Washington
    Replied: 11/8/2012
    Gates' Law, PLLC | Thomas E. Gates
    No the defendant will have a bench warrant issued. The prosecutor more than likely has enough information to support the case without you.
    Answer Applies to: Washington
    Replied: 11/8/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    The defendant will be arrested and held without bail if he fails to appear. The case will not be dismissed.
    Answer Applies to: Florida
    Replied: 11/8/2012
    Hamblin Law Office | Sally Hamblin
    If the defendant does not show up, a warrant will be issued for his/her arrest. If a person who received a subpoena does not show up, the judge can order a warrant for that person's arrest.
    Answer Applies to: Michigan
    Replied: 11/8/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No. Warrants will be issued for both of you. Him as a defendant, you as a witness.
    Answer Applies to: California
    Replied: 11/8/2012
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    What is your relationship to the case? Not sure how to answer that without a lot more info.
    Answer Applies to: California
    Replied: 11/8/2012
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