Legal Question in Criminal Law in Georgia
if the plantiff does a no show to court on a criminal trespassing charge will the case be dismissed?
2 Answers from Attorneys
There is no plaintiff. In a criminal case there is a defendant versus the state.
I suspect that what you meant to ask and didn't was what if the state's main witness no shows? If that witness was under subpoena what may happen is that witness may face a warrant for his or her arrest. The case against the defendant may or may not proceed depending on what the judge does (the case might be dismissed or reset). If the judge thinks the defendant and the witness acted in concert, both could have problems.
Regardless, in a criminal case one needs counsel and having a lawyer present in such cases increases the likelihood of dismissal.
If the plaintiff brings a private criminal complaint for criminal trespass, but fails to appear in court, the charges will be dismissed. If a necessary witness in a criminal action (state v. defendant) for trespass fails to appear, the prosecutor may make an extra effort to get the wintess to court. However, if the prosecutor is unable to get the witness to court, the charges will eventually be dismissed.
Lawrence
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