Legal Question in Criminal Law in California

what happens if a plaintiff in assualt case does not go to court


Asked on 8/28/10, 9:17 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Probably the case will go right on ahead without her.

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Answered on 9/02/10, 9:24 am
Robert Marshall Law Office of Robert L, Marshall

The plaintiff in a criminal case is the People of the State of California, represented by the District Attorney.

It's unlikely to have a court date where nobody from the DA's office shows up.

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Answered on 9/02/10, 9:28 am
Anthony Roach Law Office of Anthony A. Roach

Mr. Marshall is correct.

If you posted in the wrong category, and mean civil, then failure of a plaintiff to show for trial is usually dismissal of the case, unless they are represented by an attorney and he calls other witnesses to support the plaintiff's case.

If you mean criminal, and the victim never testifies, the DA may have a hard time proving their case, but it does not result in an automatic dismissal.

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Answered on 9/02/10, 9:50 am


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