Legal Question in Criminal Law in Washington

Dear Ms. Janicke,

I am sorry to hear about this situation; especially if you are the victim of serious domestic violence (or any domestic violence at all for that matter). I highly recommend you seek counseling for yourself and D.A.W.N. is an excellent and free resource for victims of domestic violence.

DV is not a separate charge but a classification added to any charge (in this case Assault 3) depending on the relationship of the defendant to the victim. DV and "vulnerable" victims are both factors that increase bail.

Generally, the prosecutor can proceed on a case without a victim by evidentiary rule exceptions to the hearsay rule that include excited utterance and present sense impression. Whether one of these exceptions apply in your case depends on exactly what happened. Also, if you have actual notice of your required court presence the prosecutor can get a material witness warrant for your arrest to compel you to come testify.

What usually happens is the prosecutor, knowing that he/she will have witness difficulties, makes a better plea bargain offer. But the situation where they just dismiss for lack of a witness mostly happens only on misdemeanor cases. The exception is where the defendant is gone upon police arrival. If that is the case, you are the only one who can even identify that the defendant is the correct suspect. If you do not show up to establish ID then the prosecutor has no case against the defendant.

At your service,