Legal Question in Criminal Law in Virginia

Appeal

I was found guilty of violating a protective order (although the PO was dropped before court date) in a JDR court. I appealed the case to circuit court. The trail is set for later this week and I know that my wife (witness for Commonwealth and person who claimed I violated the PO) is not going to show up for court. Will the court issue a new trial date based on her not showing or will the case be dismissed?


Asked on 1/02/06, 5:52 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Appeal

If the Commonwealth's chief witness does not appear for trial, the prosecutor will not be able to go forward with the trial. However, depending upon the reason for the nonappearance(if they know it)and how strongly they feel about the case(and, obviously, your culpability) will determine at least in part whether the prosecutor asks for a new trial date.

Whether or not the court will grant this request is, of course, another matter. (At this particular juncture in the case, it's usually helpful to have a competent defense counsel at your side detailing with persuasive argument all the reasons why the court should not, under these particular circumstances, grant the prosecution's request for a new trial date.)

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Answered on 1/03/06, 9:55 am
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Appeal

The appeal is heard "de novo" which means as if no other trial has gone before. If she doesn't show up and has had adequate notice to appear, her petition for the protective order will be dismissed.

good luck.

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Answered on 1/04/06, 11:07 pm


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