Montclair, CA asked in Criminal Law for California

Q: So If wife is a no show, to court and ignores the subpoena, will they drop the case? Since they don't have a victim.

In Other words what usually happens

when there's no victim? All they have in this case, is text pictures. Same Case Misdemeanor off annoying/threatening phone calls in Rancho Cucamonga?

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1 Lawyer Answer
Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: If the prosecution doesn't have a victim in court at the time of trial (and no transcript of her testimony at a Preliminary Hearing), they will be unable to proceed, as the Constitutional right to confront and cross examine your accuser would be violated otherwise.

The DA could dismiss the case; Dismiss and refile once (if a serious felony);or Continue the trial and issue a warrant for the victim if they have proof of service of a subpoena. It depends on the particular DAs or their policy in your jurisdiction.

While a person must honor a subpoena that's been properly served or suffer the consequences, no court can imprison, put in custody or confine the victim of a domestic violence crime for contempt for refusing to testify concerning that crime under California

Code of Civil Procedure section 1219

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