Legal Question in Criminal Law in Michigan
What happens if the complainant in a domestic violence case doesn't show up for court? Will they be charged with anything?
2 Answers from Attorneys
Yes, they could. From contempt of Court for failing to appear to testify a witness, to filing a false police report, if they come in and say the whole thing didn't happen. It really depends on the Court, prosecutor and Judge. www.kliszlaw.com Tim Klisz
You do not identify what event you are talking about. The only hearings that a complainant/victim has to attend is one e the person was served with a subpoena. The AWOL person might face a contempt of court charge.
Prosecutors decide what charges to file, not victims. Likewise, prosecutors decide if charges are changed, reduced or dismissed ... not victims. This removes from the victim's shoulders this burden, and should insulate them from pressure by defendants (and their relatives/friends) to influence the outcome of the case. Still, many victims are pressured to "un-cooperate" and not honor subpoenas. There is a delicate balance for a prosecutor to continue a prosecution in order to protect a victim or the community, and to not re-victimize a victim by seeking contempt of court punishment.
The complainant's failure to appear might have a great effect on the criminal case, or might have none at all. If the hearing is a trial and the prosecutor believes that the charge cannot be proven without the complainant's testimony, the charge can be dismissed without prejudice (meaning that it can be re-issued). On the other hand, many assault charges can be proven at trial without the victim's testimony, such as if there are other witnesses, if the event was recorded, etc. Sometimes, even a victim's 9-1-1 call can be admitted into evidence which, coupled with evidence of injuries to the victim can prove the assault beyond a reasonable doubt.
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