What happens to the defendant charged with shoplifting when the complainant does not show up to the second court date?
Question Details: Charge of shoplifting. No prior arrests. Merchandise valued at $50. The department store did not show up for first court date so prosecutor postponed for a second date.
Charles Block / Charles J. Block
Answered 3 years ago
This attorney is licensed in New Jersey
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I would ask the Judge to dismiss the case for lack of prosecution.
Martin Matlaga / Martin D. Matlaga, Esq., LLC
Answered 3 years ago
This attorney is licensed in New Jersey
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Make a motion before the judge to dismiss the complaint for the complainant's failure to prosecute. If the complainant was provided on both occasions with proper notice of the court hearings and s/he does not appear in court a second time, the judge should seriously consider your motion to dismiss the complaint.
