What happens if the victim does not appear or cooperate in court? 4 Answers as of September 02, 2011

What happens if a victims does not want to proceed with the charges and does not appear in court in a criminal case?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
The prosecutor may take the victims refusal to cooperate as a challenge to his authority. He may threaten or manipulate the witness. The witness should consult with an attorney before they decide not to appear or cooperate with the police or prosecutors in any case as they can be arrested on a material witness order, be charged with perjury or making a false report, or be held in contempt of court if they refuse to answer questions on the witness stand or at the Grand Jury unless offered immunity from prosecution. The charges are the prosecutors to make decisions on, they are not the witnesses charges and they have few rights to refuse to cooperate or answer questions unless they take the Fifth Amendment claiming they refuse to answer any questions on the grounds that doing so may incriminate them. If the judge agrees that the person may be charged with a crime if they answer the questions then they have the right to remain silent. Every day thousands of women have their lovers, boyfriends, husbands, or even strangers arrested for domestic violence only to tell the police the next day that they want to "drop the charges". They visit the man in jail and he convinces her to either lie, not show up, or go down to the court and ask the judge to drop the charges. Judges, cops, and prosecutors are tired of women changing their minds and making the decision to go back to the men that physically or verbally abuse them. Sometimes they will decide not too proceed if there were no injuries or if the parties are married or in a stable and healthy relationship if the man has no prior record. If the woman does not come to court, answer the phone or the door or respond to a subpoena at the request of another person that is a crime and tampering with a witness is a serious offense. If a man is violent, abusive, or treats a woman poorly he does not deserve to be with a decent woman. Only women who are weak and have low esteem stay with abusers. They think he will change, they feel that they "love him" or he is the father of their children and they must put up with it. This is enabling behavior. Women must leave any man that beats them, cheats on them, or is abusing their children in any serious manner. An argument that gets a little physical on both sides will happen occasionally, but hitting a woman or making her feel bad all the time is not acceptable behavior and you cannot allow it for the sake of yourself and all the other women who will have to deal with that kind of man.It's time women made better choices as to who they choose to sleep with and men learn that only a coward hits a woman, no matter what she has said or done. Both parties simply need to walk away from the zero and get a hero. Most of the trouble in the world results from stupidity and bad decision making.
Answer Applies to: New York
Replied: 9/2/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If the prosecutor does not have enough other evidence to prove the charges beyond a reasonable doubt the defense attorney should make a motion to dismiss.
Answer Applies to: New York
Replied: 8/18/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Often the prosecution can't proceed without them and the case gets dismissed.
Answer Applies to: New York
Replied: 8/17/2011
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
It depends if the DA needs the witness to make out a case.
Answer Applies to: New York
Replied: 8/17/2011
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