Legal Question in Criminal Law in Virginia
Right to Question Accuser
If a person is accused of a crime and the accuser/plaintiff does not show to the court date will the case be tried anyway? The plaintiff signed a sworn statement before the Magistrate but has since dropped the charges well before the trial date.
2 Answers from Attorneys
Re: Right to Question Accuser
It all depends----on numerous considerations,
with, perhaps, the most important being the kind of evidence which the prosecution has available to it on the day of trial. If the prosecution's evidence for the crime that has been charged is limited for the most part to the testimony of the complaining witness who then fails to appear in the case, chances are that the prosecutor will ask the court to enter a nolle prosequi (dismissal) in the matter. (The prosecutor may also ask the court for a Show Cause Rule against the complaining witness for her failure to appear.)
Re: Right to Question Accuser
The issuance of a Rule assumes that the complaining witness was under a subpoena to appear
which does happen on occasion.
Related Questions & Answers
-
Upcoming sentence I am being sentenced to 3 months in the county jail with work... Asked 2/17/05, 9:31 am in United States Virginia Criminal Law
-
Child custody/responsibility issue involving 16 year old being charged My wife and I... Asked 2/16/05, 12:36 pm in United States Virginia Criminal Law
-
Laws on Confession What is the law in the state of Virginia for obtaining, or... Asked 2/08/05, 4:31 pm in United States Virginia Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
