If you are being tried for a domestic assault but the victim doesn’t come to any court dates, will the charge dropped?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you are being tried for a domestic assault but the victim doesn’t come to any court dates, will the charge dropped?
I’m being charged with an Assault-DV. I know for a fact the party originally wanted to press charges and now she doesn’t. I know she won’t be compliant to the DA or show to any court dates to provide any more allegations.
Asked on July 26, 2017 under Criminal Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact is that whether or not the victim wants to cooperate with the prosecutor, will not automatically cause the case to be dismissed. The charges will not be dropped and the case will go forward if the state feels that it has enough other evidence to support a conviction. While it would be easier to convict with the vitcim's help, it is not essential. The fact is that many DV victims are intimated by their abusers and prosecutors are aware of this so take these type cases very seriously. Further, if the victim is subpoenaed to court but does not show, then a warrant for failure to appear can be issued and they can be arrested and face fines and/or jail time.
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.