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If victim doesn't go to court?

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sisterinlaw

Guest
What is the name of your state?What is the name of your state? California I know someone in jail right now who was arrested over 1 year ago for a violent crime.It still is unclear whether it was self-defense but his bail is high and so he sits. There have been about 5 court dates, one in which the victim gave a statement and identified his assailant, the person in jail, who was there in the courtroom.Each court date leads to another more far apart than the last.When does this end? There is another court date next month that my friend (it's her husband) seems to think that if the victim doesn't show up, her husband will go free. She's not too "law"savvy (though neither am I really)or clear when she tells me stuff, but any info that might shed light on this matter would be greatly appreciated. :confused:
 


CdwJava

Senior Member
The failure of a victim to show up does not necessarily mean that a suspect will go free. It all depends on the nature of the proceeding, and whether there is a reason for the victim to be there. And even if the victim does NOT show when they are supposed to it does not guarantee an acquital at all.

Your friend should listen to her husband's attorney and not heed speculation and innuendo.

- Carl
 
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SignorFrancesco

Guest
Java's absolutely correct. There are even instances where the victim is not needed, and thus advised that they need not show to the proceeding. This hits close to what I do for a living, and I can tell you, I've seen people sit in jail for years just dealing with their cases. These people have spent years just waiting for the next court appearence and fighting their case.

Do as Java suggests and have your friend talk with the attorney. The information provided will at least ease some tension, since she won't have to guess about the next step(s).
 

calatty

Senior Member
The most common reason it takes so long to get to to trial is that the prosecutor and defense attorney are preparing for trial and one or both are requesting continuances.
 
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SignorFrancesco

Guest
That's another valid point. Once the intitial arraignment deadline is met, there is a host of other circumstances that can keep a trial going for an extended length of time, including requests by the attorneys for continuances. Trials such as this usually never go quickly for anyone.
 
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sisterinlaw

Guest
Thank you all for your input.It may not be what my friend wants to hear but at least we can understand some of the "whys" now.
 
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sisterinlaw

Guest
I thought of another question in regards to this.My friend is having a hard time catching up with her lawyer, I suspect because of $$$. Would it be at all adviseable for her to approach the DA in the case or would it even be legal?If she was able to, what might she say in her husand's defense?Should she bring all those character letters from various friends and family members?Sorry if these seem like dopey questions,but I have little experience in this area.
 

BelizeBreeze

Senior Member
sisterinlaw said:
I thought of another question in regards to this.My friend is having a hard time catching up with her lawyer, I suspect because of $$$. Would it be at all adviseable for her to approach the DA in the case or would it even be legal?If she was able to, what might she say in her husand's defense?Should she bring all those character letters from various friends and family members?Sorry if these seem like dopey questions,but I have little experience in this area.
You do not approach the district attorney. Neither should she. Her husband's attorney is the one to give the information to. If they are having problems contacting the attorney, then park her "donkey" in his waiting room.
 
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sisterinlaw

Guest
Thanks for a speedy response!I have yet another question about something I'd heard about. If she can't afford the fees of this lawyer anymore but since he's got so much time and energy invested in the case, isn't there a way that the state can pick up the tab and pay her current lawyer even though he isn't technically a public defender? I'd heard something to this effect months ago and it sounds too good to be true,but if it is possible,I'd love to pass the info on because I have a feeling money is becoming an issue with them.
 

CdwJava

Senior Member
Yeah! What horrible advice suggesting she not contact the DA directly ... and likely provide even more fuel for the fire.

The nerve! :rolleyes:

- Carl
 
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