Hey, what’s up? I’m attorney Derek Gray of Graystar Legal. We are a criminal law firm in Winston-Salem, North Carolina, and this is our FAQ series.
So today’s topic is a little more general in nature, and the question goes like this: What happens if a witness does not show up in my criminal case?
Typically, I like to refer to the law. Because there’s no specific law as to this, I’ll go ahead and reflect on my practical experience in the years that I’ve been practicing law. Let’s give a little hypothetical. Let’s say your neighbor takes out a criminal charge against you, you get to court, and he decides not to show up. What happens in that scenario? So, for purposes of the hypothetical, if your neighbor doesn’t show up and has been on a few times, the state will take a dismissal on that charge, or they’ll make a motion to continue. At that point, a judge could deny that motion and force them to take a dismissal on the charge.
Here are the things that the court will consider in terms of whether or not to continue the case:
So those are the considerations. Again, there are a lot of different scenarios that could play out.
But if you have any additional questions regarding whether a witness has to appear in court or a case in which you have a similar scenario, please do not hesitate to reach out to my law firm.
I would love to speak with you further about it at a free case review and see how I can help. Until then, guys, take care.
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