Spokane, WA asked in Criminal Law for Washington

Q: Assault case if the alleged victim doesn't show to court and retracts his statement is the case dismissed

the two eyewitnesses testify that it's not the defendant and a police officer is saying it is because he recognizes him supposedly on video

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2 Lawyer Answers
Patrick Owen Earl
Patrick Owen Earl
Answered
  • Criminal Law Lawyer
  • Moses Lake, WA
  • Licensed in Washington

A: There is more to this matter than what you are saying so there is no way for an attorney to answer your question without all of the facts and the possibilities. Please talk to your attorney about this question. If you don't have one GET ONE. One with experience with these type of cases to have knowledge of what is important and what people do in these circumstances.

Stan Glisson
Stan Glisson
Answered
  • Criminal Law Lawyer
  • Tacoma, WA
  • Licensed in Washington

A: It's certainly possible that might happen, but not definite. If the prosecutor believes they can prove the case to a jury without the cooperation of the victim, then the prosecution will typically go forward. Many cases are prosecuted that way. You need a lawyer to evaluate the admissible evidence and give you a thorough opinion about whether you still face a risk of conviction.

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