Legal Question in Criminal Law in Maryland

getting assult charges dropped

my cousin got her bf locked up. he is charged with first and second degree assult. she has a restraining order. if she doesnt go to court will the case be dropped? this is his first serious charge. when will he get a court date and what happens if it isnt dropped and does she have to go? can she contact him even though she has a restraing order against him. can she get into trouble if she does and if she doesnt go to court?


Asked on 7/09/09, 10:14 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

Re: getting assult charges dropped

If your cousin fails to appear for court, the state does not have to drop the case, but it may. The state may also seek a body attachment for your cousin, arrest her, and hold her until the case is resolved. If there are other witnesses, the state may proceed with them instead.

If the state convinces the court that the defendant has something to do with the witness' absence, then the defendant may forfeit his right to cross-examine that witness. The witness' hearsay statements about what happened may then be admitted in evidence.

If your cousin fails to appear, she may be prosecuted for contempt of court.

The initial court appearance for the purpose of advising the defendant of his rights, including an attorney and bail, may be as soon as a couple of days. The first trial date will be in about a month.

While the restraining order may prohibit him from contacting her, it ends up looking like she is trying to get him in more trouble, if she contacts him while the order is in effect.

She should contact the State's Attorney.

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Answered on 7/10/09, 6:48 am


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