Is there a case without the victim showing up to court?

UPDATED: Dec 7, 2018

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Is there a case without the victim showing up to court?

I was in an altercation with someone and I shot them. The gun was collected later through a consent form, and I was charged with the shooting and possession of a gun. If victim doesn’t show, can I still be convicted of either crime/charge?

Asked on December 7, 2018 under Criminal Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can be if there is sufficient other evidence (e.g. a security video or photos; the gun with your fingerprints; a bullet from the victim matching the gun; testimony of other witnesses; etc.) to convict you. In a criminal case, the victim is just a witness--an important one, but still just a witness. As long as there is other evidence, the case goes on.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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