Can the state prosecute a battery FVA charge if there is no victim or witness at court?

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Can the state prosecute a battery FVA charge if there is no victim or witness at court?

Girlfriend says she does not want to press charges the state says it’s out of her hands it’s the state vs not hers. Should she testify for me or not show at court?

Asked on December 30, 2011 under Criminal Law, Georgia

Answers:

Russ Pietryga / Pietryga Law Office

Answered 10 years ago | Contributor

You have a right to confront/cross-examine any witness that is going to give evidence against you.  If the prosecutor cannot produce the witness they cannot use that evidence.  So, no witness no conviction. Unless of course, you independently admitted to a crime.

Note, the prosecutor will probably subpoena the witness.  If a witness ignores a lawful subpoena they subject themselves to prosecution.

Additionally, anyone that tries to get a witness not to testify could subject themselves to an additional charge of witness tampering.

I suggest that you speak with an attorney regarding this issue.  Usually, an initial consultation is free.


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