Legal Question in Criminal Law in Colorado
If I am not guilty and no one is showing up in court to press the charges should the case be dismissed?
Asked on 1/18/12, 3:57 pm
1 Answer from Attorneys
Damon Cassens
Waters, Kubik, and Cassens
Under that fact scenario, yes.
However, typically there are only a couple of time a complaining witness absolutely must appear in court, and the main time is trial. I presume the hearings you speak of are either pretrials, status conferences, or dispositional hearings. Colorado law gives the complaining witness the right to appear, but not the obligations.
Finally, once charges get filed, the decision whether or not to continue on with a criminal case lies in the hands of the District Attorney.
Answered on 1/19/12, 5:43 am
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