Legal Question in Criminal Law in Ohio

dismissal vs. acquittal

If a teen female is involved with a sibling male (who is over 18) in a suggested domestic violence crime - older one was trying to retrieve cigarettes from a minor, and they scuffled, and someone called the police - but the kids were fine, were trying to go their own way, when someone in a house heard the girl yell. She did not press charges, but the state has. She got a subpoena to testify against her brother, and had told them she would not. What are the options - would the case be dismissed if she didn't appear at court? The State is the plantiff - not the girl. What would happen if she did appear? She is very worried about this - she has said from the beginning that her brother didn't do anything! She had a faint nail scrach from when they were both arguing and fell to the ground. He was trying to get the cigarettes out of her pant pocket and she was blocking him. Afterward, she was going with some friends, and he was trying to drive home, but nosey people wouldn't let him leave, thinking he was going after her - which he told them he was not!!!! She said the same to the person that approached her, and pulled her shirt down to see if she had any bruises! Both are very distraught over this situation.


Asked on 10/15/06, 7:44 pm

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: dismissal vs. acquittal

She must appear to the trial or be arrested. SHe must testify...

what she testifies to is up to her.

most likely, on the day of trial, the prosecutor will lower the charge for her brother, but it will be a charge, and it will be up to him whether he wants to take a plea.

If he doesnt, the trial will happen and hopefully, the brother will not be convicted.

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Answered on 10/16/06, 5:45 pm


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