I have a trial conference for assault,my bf isn’t pressing charges & does not want to testify against me,if there are no witnesses will it be dropped?

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I have a trial conference for assault,my bf isn’t pressing charges & does not want to testify against me,if there are no witnesses will it be dropped?

Had pretrial conference already, wanting to take it to trial to get it completely dropped and not on my record. My bf does not want to testify against me and was not injured, there were two other witnesses, both friends, but they do not want to show up to court either. They are not being subpoenaed to court. Is there a good chance that with no witnesses that the assault charge will be completely dropped?

Asked on July 1, 2009 under Criminal Law, Arizona

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

As long as your boyfriend didn't give a sworn statement, and there was no physical evidence of the alleged assault, it should be very difficult to prove you guilty beyond a reasonable doubt.

I wouldn't take this for granted, though.  It's always best to have an attorney representing you when you go to trial.  One place to find defense counsel is our website, http://attorneypages.com


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