Q: Court tomorrow for domestic violence NEED ADVICE
Last year same exact thing happened but she didn’t show up so it got dismissed. So this is technically second one and it’s vs the state not her…. Should I take plea deal for probation or go to trial?? I know she will not show up if so but since it’s vs the state idk! Please help it’s tomorrow morning pre trial
A:
While this answer may be a little late for you, it's worth answering for anyone else in a similar situation.
The decision to go to trial is yours alone, and should be based on the strengths and weaknesses of your case and explained by your lawyer. It's foolish to go to trial because "she will not show up" alone, because even if true, there are ways for the prosecutor to get statements in without the "victim" that could lead to your conviction. It's also equally foolish to take a plea deal just because the "victim" will show up or you're not sure. A lot depends on what the plea deal is, what your record is, any defenses you might have, etc.
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