What kind of case does the state have without the victim’s testimony?

If the victim doesn’t show on a case what could happen?

Asked on February 28, 2012 under Criminal Law, Arizona


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Typically, under Michgan Law, the prosecution cannot allow testimony of a victim who is not present in court unless there is some type of legal hearsay exception for allowing it in. I would need more facts about the type of case or charge in your matter, but often times if the prosecution's only evidence is based on the testimony of the victim, and the victim fails to appear for trial, then the case can be dismissed for insufficient evidence. However, I would advise you to speak with a criminal defense attorney in your area, relay the specific facts of your case to them, and let them inform you as to whether or not the prosecution has a chance to proceed with their case even if the victim fails to appear.

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