What will happen to a witness (or alleged victim) if the witness fails to show up for court? It is most commonly a wife, or girlfriend, of a defendant in a domestic violence case that asks this question. I suspect they are asking this because they hope that their absence from the court will result in a dismissal of the case.
Telling a Witness Not To Come To Court is a Felony.
When asked, I am reluctant to answer this question. I do not want a witness to think I’m telling them not to come to court. I also do not want my client telling a witness not to come to court. It is a felony in Idaho for anyone to influence a witness not to testify fully or truthfully. The State could charge someone who does this with felony witness tampering. Also known as Witness Intimidation in Idaho. The State charges this crime frequently.
Lack of a Witness Sometimes Means Case Dismissed.
It is true that failure of a witness to appear in court will sometimes result in a dismissal of the defendant’s case. The reason for this is because a defendant has a right to confront the witnesses who will testify against him. If the State has no other evidence against the accused, the State may dismiss the case. Dismissals are not automatic. The State could request a continuance of the trial if a witness fails to appear in court. However, the Court will only grant the request if the State served the witness with a subpoena.
Consequences for a Witness Who Fails to Appear.
On the other hand, if a witness fails to appear in court there could be implications for the witness. There will only be consequences for the witness if the State has properly subpoenaed the witness. To properly subpoena a witness, the prosecuting attorney must have the subpoena personally served on the witness. Once the State has done this, the witness is legally obligated to come to court. If the witness fails to appear in court, the Court can issue a warrant for the arrest of the witness. The witness could be taken into custody and remain in custody until the day of the trial.
A Witness’s Presence is Sometimes Helpful.
If the State did not serve the witness with a subpoena, the witness would not be legally obligated to come to court. If a witness has been asked to go to court, it could be for the witness’s benefit.
No Contact Order
The lifting of a ‘no-contact order’ would be an example. A no-contact order prohibits the witness and defendant from having contact with one another. The witness’s presence may be needed so that the court can hear the witness’s desires. Without hearing from the protected party, the court may refuse to modify or quash the no-contact order
Settlement
Another example of when it may benefit a reluctant witness to show up to court is when the State wishes to communicate a settlement to the witness. If a prosecuting attorney learns that a witness desires a particular type of resolution, the prosecuting attorney sometimes will resolve the case in that way. And sometimes if the witness lets the prosecutor know they are unwilling to testify, the prosecuting attorney may make a better offer to the defendant.
Conclusion
In summary, if a witness fails to appear in court, it could theoretically help the case of the accused, but the consequences may offset any benefit obtained. Further, a witness’s presence in court may help the case of the accused where the witness’s absence would have hurt it. And in some instances, the lack of a witness will result in a dismissal of the case.
Calling a criminal defense attorney and speaking to him about your circumstances is the best advice.
Should I refuse to blow when arrested for DUI?
I have been supeoned as a witness for the prosecution am 72 years old and in very poor health with heart problems, beginning of parkinonsens disease and hard of hearing. I do not remember much about the incident and cannot contribute to the procedure. Do I need a doctor’s note to not have to attend court as a witness.
You will need to retain an attorney to file a motion to quash the subpoena. The court will have to decide how to handle your circumstances.
Have a question if you a witness you been subpoena and if you don’t go to court can they put a bench warrant out for you
Yes, they can get a bench warrant for a witness who failed to appear. It’s not common though. I’ve only seen it happen on a felony case, and I only saw it happen once.
My husband was subpoenaed as a witness. We purchased airline tickets months before for overseas for thousands of dollars. The court date is in the middle of the vacation. What can be done? He has to loose the ticket??
I have been subpoenaed as a witness but have just started new employment 2 weeks ago and can’t risk losing my work as a result ,as i have had ankle surgery 10 weeks ago and it did cost me my previous work that i was doing for the past 3 years, i have told the police officer off my situation and she just said ok well i think they will probably make a warrant out for your arrest ……..so would a doctors certificate save me as i told the police officer that i have Wednesday’s off work and could attend a court date down the track?
My name is Kasandra Emslander and I am not sure how to proceed further and neither do the courts. If you are the “victim” of a crime and the reporting officer that is pressing charges for the unlawful use of human excrement on an officer, which holds the penalty of a minimum of 10 year prison sentence without the possibility of parole. Can he be called in for active duty military and not have to go to court? This has been going on for almost a year now and I have been out of custody on my own recognance for just as long. sorry to bother you but any information you can provide you with is greatly appreciated and I hope to hear from you in the near future.
Respectfully yours,
Kasandra Emslander
I was convicted of family violence on Tarrant county 0815603 after my gold digging whore attacked me and called in a family violence complaint. when it became apparent that I was innocent I was sent to Wichita falls for a psych eval, accused of being a flight risk and bond revoked, and at trial the ADA told the jury that the victim was so afraid of me that she would not be at trial to testify because she might have an emotional meltdown. I objected and it was denied. There were only 4 witnesses, one: a uniformed officer testified he secured the parking lot, two: a second uniform officer testified he relieved the first officer and he re-secured the parking lot, three: a male detective testified that he interviewed the victim at the hospital and “she said he kicked her around the apartment like a soccer ball.”, four: a female detective testified that she interviewed the victim at the hospital and “she said he kicked her around the apartment like a soccer ball.”, but neither dick took any photos. I asked for the medical report and the ADA said he lost it. I asked for an acquittal and was denied. I am now and always have been too poor to pay attention and certainly cannot then nor now pay for an attorney. However, I do want to leave the country and take my meager social security to Old Mexico and see if I can survive in dignity. I need to get this case off of me so I can become a Mexican citizen. The Mexicans do not like violent criminals at all. I was thinking of doing a Habeas on my own, but I need to know what is the single best case opinion that I can read about victims required to be at my trial. From that one perfect case to which I am hoping you can refer me, I hope to learn foundational and predicate case opinions salt and peppered throughout the perfect case by the highly skilled clerks who wrote the opinion what are the statutes that require a victim to be at the trial. I will be very grateful for any one Texas case that can start my research. sincerely, L -o-
i have been a witness in a criminal case but i feel im nolonger interested in witnessing .what can i do?
Sorry for the late response. There isn’t much you can do if you have been subpoenaed, other than calling the party calling you as a witness and communicating your unwillingness to testify. If they do not need you to testify, they may be able to release you from the subpoena. If there is no subpoena, you don’t have to appear until there is.
what if you was not received a subpoena but they call you to you have to go to court
Sorry for the late response. If you do not receive a subpoena, then you do not legally have to appear in court.
I was involved in a accident where the other party was at fault .. he received a ticket for his negligence for not yielding the right of way . I have a police report showing that he was negligent. He has decided to fight the ticket that the police officer has given him even though the his insurance company determined the car was totaled due to his negligence . I’ve been issued a subpoena to be a witness in court because he is fighting the ticket due to having a commercial license and I guess being worried he will lose his job. But I am very uncomfortable to be at this court with this person he was a very scary person and I don’t feel good about my safety. Wouldn’t the police being present testifying .. I had the right away and showing the police report to the court be enough? What happens if I don’t go to the court after they subpoenaed me by mail?should I get a lawyer ? Can I reschedule this municipal case?
Sorry for the late response. Yes, you will have to appear for any of your testimony to be admissible. The police can testify about the evidence they collected at the accident, but they cannot testify about what you said. That would be hearsay, and inadmissible unless you were there to testify. If you fail to appear, it will be more likely that he may be able to beat the charges.
Can the accused be sentenced to jail if there is not enough evidence and the witness is not attending court dates
Sorry for the late response. For the State to prove their case, they will have to prove it beyond a reasonable doubt. That is for a jury to decide. The only court date that a witness has to appear at for their testimony to be admitted is the jury trial date.
If I’m a convicted felony on parole and gave a statement again someone shooting a gun during a traffic stop and have not yet been subpoena to court do I have to show up to court
Do you think my statement will be throw out if I don’t show up to court ?
If I’m a convicted felony on parole and gave a statement again someone shooting a gun during a traffic stop and have not yet been subpoena to court do I have to show up to court
Sorry for the late response, I’m only now aware of this comment. In most cases, for your statement to be admissible in court, you will need to be present. If you are never subpoenaed to court, then you do not have to show up.
I just Got a letter to appear at the court. I’m the victim, the defendant is fighting for the point of the ticket for careless driving. Is it necessary to appear at the court?
If you received a subpoena, then yes, you must appear. If not, then no you are not legally required to. On the other hand, if they requested you appear, and you want the person to be found criminally liable, then yes you should appear at the court.