If the sole witness did not receive a subpoena by hand and it was left at the door, what will happen if she doesn’t show up on the court date?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the sole witness did not receive a subpoena by hand and it was left at the door, what will happen if she doesn’t show up on the court date?
I received information from the court clerk that the only witness subpoenaed to testify against me was not served in person; the subpoena was left at the door of her residence. She has since relocated and no longer lives there. If she doesn’t show up on the court date, how will my case go forward with no witness?
Asked on April 26, 2012 under Criminal Law, Virginia
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
With no witness to testify against you, it may be difficult for the prosecution to prove its case against you and it could be dismissed for insufficient evidence. Be mindful that if the prosecution has evidence other than that witnesses testimony, they can still move forward with the case despite the absence of that witness for trial.
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.