Q: If a person is being held for over 90 days on several felony charges (domestic classification) and victim doesn’t show
For the depositions can the charges be dropped at a Arthur hearing? Or sounding? Or does it have to be done at trial?
A:
In Florida, an Arthur hearing may be held to see if the defendant should be granted a discretionary bond. If a victim "doesn't show" for this, it doesn't mean the charges will be dropped.
A victim doesn't need to appear at sounding.
If a victim repeatedly doesn't show for a deposition, the defense attorney can make a motion for the court to exclude the victim as a witness, which will usually make the prosecutor have to drop the charges related to the victim.
If the victim doesn't show up at trial, generally, the prosecutor won't be able to prove the charges related to the victim (battery, assault, etc.) and will have to drop the case.
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