Legal Question in Criminal Law in North Carolina

Sometimes. Depends on several factors. Such as how serious the charge is / your prior record. How strong the case against you is without the witness. If they really need the witness to prosecute you, normally the state will simply request a continuance and subpoena the witness to appear in Court. If the witness doesn't show after being subpoenaed the witness will likely be prosecuted. However, likely the biggest factor in good 'ol boy North Carolina is how big a jerk you have been. If you have been a jerk throughout the process from your interaction with arresting officer up to the point of trial expect no dismissal even if the charge is not serious If you have been polite and cooperative, the charge isn't that serious, you have no prior record and the states witness doesn't show - you have a decent shot at a dismissal.