Legal Question in Criminal Law in Massachusetts

alleged victime not showing for court date

If the alleged victim simply does not show for trial without sufficient reason is this cause for dismissal. out public defender never told us. we found in May ths was the case. The prosecution has asked for and gotten five continuances. the speedy trial is going on for 8 months. There is so much more but an answer to this would be more than helpful. Should this be dismissed or how many chances does and alledged victim get not to show up without sufficient reason? Thank you for any advice. Respectfully, The case is is Chelsea District Court.


Asked on 5/04/08, 4:17 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: alleged victime not showing for court date

Request that your attorney file a motion to dismiss for want of prosecution.

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Answered on 5/04/08, 5:24 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: alleged victime not showing for court date

At every stage where a witness or the alleged victim is required to appear and does not, and the person is critical to the prosecution, your attorney should have moved to dismiss.

Five trial dates is outrageous, and I hope that you attorney has a good reason for not asking the court to dismiss.

If you have any other questions, please contact me.

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Answered on 5/04/08, 9:39 pm


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