Can the state prosecute a battery FVA charge if there is no victim or witness at court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the state prosecute a battery FVA charge if there is no victim or witness at court?
Girlfriend says she does not want to press charges the state says it’s out of her hands it’s the state vs not hers. Should she testify for me or not show at court?
Asked on December 30, 2011 under Criminal Law, Georgia
Answers:
Russ Pietryga / Pietryga Law Office
Answered 12 years ago | Contributor
You have a right to confront/cross-examine any witness that is going to give evidence against you. If the prosecutor cannot produce the witness they cannot use that evidence. So, no witness no conviction. Unless of course, you independently admitted to a crime.
Note, the prosecutor will probably subpoena the witness. If a witness ignores a lawful subpoena they subject themselves to prosecution.
Additionally, anyone that tries to get a witness not to testify could subject themselves to an additional charge of witness tampering.
I suggest that you speak with an attorney regarding this issue. Usually, an initial consultation is free.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.