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can a judge drop a case if no witness show up to court

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homedepot2009

Junior Member
What is the name of your state (only U.S. law)? california



my husband is being charge with pc245 and 246....the witness and my husband has never got along before...there were no evidence only the 2 witness...the da wants 12 years....or 15-life in prison if we go to trial and lose....if the witness who claims my husband did it....does not show up to trial can the case get dismiss...i believe the 1 witness had no d license and expired green card and long criminal record..however my husband does not...
 
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CdwJava

Senior Member
my husband is being charge with pc245 and 246....the witness and my husband has never got along before...there were no evidence only the 2 witness...the da wants 12 years....or 15-life in prison if we go to trial and lose....if the witness who claims my husband did it....does not show up to trial can the case get dismiss...i believe the 1 witness had no d license and expired green card and long criminal record..however my husband does not...
Certainly the case CAN be dismissed, but there is no requirement that it MUST be dismissed.

What does your husband's attorney say?

- Carl
 

outonbail

Senior Member
245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years


246. Any person who shall maliciously and willfully discharge a
firearm at an inhabited dwelling house, occupied building, occupied
motor vehicle, occupied aircraft, inhabited housecar, as defined in
Section 362 of the Vehicle Code, or inhabited camper, as defined in
Section 243 of the Vehicle Code, is guilty of a felony, and upon
conviction shall be punished by imprisonment in the state prison for
three, five, or seven years


Even if found guilty and then receiving the maximum penalty and run consecutively for each charge, the maximum sentence would be 11 years.

Unless your husband has been in trouble before, especially felony assault type of trouble.

When you say there was no evidence, you're saying there were no injuries or marks on any victim, there was no dangerous weapon or gun found, no bullet holes or bullets or spent casings found and that your husband has a rock solid alibi as to his whereabouts on the date and at the time the alleged incident occurred, which proves he wasn't physically there?

If so, you have nothing to worry about.
 

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