Does the person making a complaint have to testify in court?

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Does the person making a complaint have to testify in court?

The person who wrote the complaint has also moved from the state where complaint was made. Doesn’t the charges have to be dropped due to him moving out of state?

Asked on February 18, 2016 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The person making the complaint is a witness--generally, a vital witness, but still only a witness; not the person controlling the case. The case can continue without the comlaining witness IF the prosecutor feels he has enough evidence without the complainant's testimony, though as a practical matter, lesser charges will often be dismissed on thw theory that if the complainant doesn't care enough to show, it's nit worth continuing.


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