What happens if a victim does not appear in court to testify against the defendant?

Is the case automatically dismissed?

Asked on June 24, 2017 under Criminal Law, Alaska

Answers:

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

Answered 3 years ago | Contributor

There is no law that state's the victim of a crime must testify against the defendant, or even appear in court during the trial. While the state's case would be stronger with their testimony and cooperation, if there is enough other evidence to support a conviction, then the case can still move forward. It will not automatically be dismissed. Therefore, if there was a witness, video footage, fingerprints, DNA evidence, etc., the defendant can be convicted.


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