im taking my felony assault charge to trial. the witness is still pressing charges, if the witnes doesnt show up to trial will the case be thrown out?

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im taking my felony assault charge to trial. the witness is still pressing charges, if the witnes doesnt show up to trial will the case be thrown out?

Asked on June 21, 2009 under Criminal Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No not necessarily, if there is enough direct or circumstantial evidence, the person you hit doesn't have to be there.  It is up to the prosecutor whether or he or she will continue with the prosecution.

If he or she continues with the prosecution, the judge may decide before any trial begins, that your constitutional right to confront your accuser has been jeopardized (if your lawyer is smart enough to make this motion) or compromised and therefore, it should be thrown out.  Otherwise, if there is another way that you could have confronted your accuser (previous depositions/interviews, etc), then perhaps the trial may continue.


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