Legal Question in Criminal Law in District of Columbia
I have an felony assault with a deadly weapon charge, (the weapon was a gun) that i have to go to court for on monday. If the one witness who filed the report and made accusations against me doesn't show up,my PD is moving to dismiss the case because witness does not want to cooperate and or come to court. What is the probability of them dropping the case or will they continue even if witness doesnt show?
1 Answer from Attorneys
50-50 chance(in my opinion) that the AUSA (prosecutor)will ask that the case be continued to allow the government another opportunity to bring its complaining witness to the preliminary hearing for the court's finding on the issue of probable cause (to go forward with the prosecution of you on the felony charged).