If the sole witness did not receive a subpoena by hand and it was left at the door, what will happen if she doesn’t show up on the court date?

UPDATED: Apr 26, 2012

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If the sole witness did not receive a subpoena by hand and it was left at the door, what will happen if she doesn’t show up on the court date?

I received information from the court clerk that the only witness subpoenaed to testify against me was not served in person; the subpoena was left at the door of her residence. She has since relocated and no longer lives there. If she doesn’t show up on the court date, how will my case go forward with no witness?

Asked on April 26, 2012 under Criminal Law, Virginia

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

With no witness to testify against you, it may be difficult for the prosecution to prove its case against you and it could be dismissed for insufficient evidence. Be mindful that if the prosecution has evidence other than that witnesses testimony, they can still move forward with the case despite the absence of that witness for trial. 


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