Q: I am involved in a human trafficking case in Michigan. My question is do both victims have to testify?
The original complainant is not showing up but the second is incarcerated.
A:
Assuming that since you mention two victims that there are two separate counts, successful prosecution of both counts would depend on both victims showing up. That said, being convicted on one count is enough and would take only the one victim.
Keep in mind that most prosecutors and courts are well versed in how to deal with reluctant victims and witnesses. The prosecutor may ask the court for a material witness warrant for the missing victim. That means that the police will be allowed to go out and find this missing witness, arrest him or her, and keep them in jail for trial. Given the nature of these charges, please do not expect that the prosecutor will give up just because the one victim doesn't show up.
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