Houston, TX asked in Criminal Law and Domestic Violence for Texas

Q: If im scheduled for trial and victim dont show for court and i dont take stand can i still lose in trial?

Even after they filed motion to dismiss and is not willing to go through with charges

1 Lawyer Answer
Benson Varghese
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  • Criminal Law Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: The victim does not have the ability to "file a motion to dismiss." Additionally, the State can and has prevailed on cases where the victim does not show up and has signed documents stating they don't want to prosecute. Remember, it's the State's case. While you have a chance of winning, don't presume that you will be based on just these facts.

Learn more: https://www.versustexas.com/criminal/affidavit-of-nonprosecution/

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