Is there any limitations on how many court dates they can stretch a case out for before throwing it out for the victim not coming to testify?

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Is there any limitations on how many court dates they can stretch a case out for before throwing it out for the victim not coming to testify?

The courts haven’t been able to locate the victim to subpoena her to testify.

Asked on November 29, 2011 under Criminal Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately for the accused there is no limitation on how many court dates a criminal action can be stretched out before the action is dismissed when the victim has not been located to be subpoenaed to testify at trial.

If you or a friend is the accused, I suggest that assuming there is a criminal defense attorney representing the accused that the right to a speedy trial not be waived at the next court appearance. By not waiving the right to a speedy trial, the prosecution will be forced to try the case or dismiss it.


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