if witnesses do not show up for a domestic dispute where a gun was involved will it get thrown out, do i have to make a plea

UPDATED: Aug 21, 2017

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if witnesses do not show up for a domestic dispute where a gun was involved will it get thrown out, do i have to make a plea

an argument between me and ex-girlfriend became very heated charges are filed, witnesses subpoenaed, but witnesses are not showing up

Asked on August 21, 2017 under Criminal Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This is a serious charge, so if there is any possible way for the state to prove its case, then the charge will not be dismissed. The fact is that evidence other that witness statements can be used, if it exists. While the case would be stronger with their testimony, without it the case may still go forward. Further, if a person is subpoenaed to court nd they fail to show, then a warrant for failure to appear can be issued for their arrest. They then can face fines and possibly even jail time. Giving a false statement to the police is a chargeable offense. Also, you should be aware that in many states, even if the alleged victim of domestic violence  renounces any previouse statements that they may have made to the police, those statements may still be entered into evidence.

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