If a witness doesn’t show up to the states grand jury hearing to testify, will the charges be dismissed?

Asked on November 6, 2015 under Criminal Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't provide any details of the situation. However, if someone has been subpeonaed to appear before a grand jury, then not shhowing up to testify is a direct violation of a court order. Accordingly, the witness can be subjected to jailtime, fines or both.
As for dismissing the case, it depends on just what other evidence there is against the person for whom the indictment is sought. In other words, a witness failing to appear will not automatically result in a dismissal.

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