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What Happens When Witnesses Don’t Show Up

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Wirth Law Office

What Happens When Witnesses Don’t Show Up?

Well, a lot of times, especially if it's for trial, there's going to end up being a dismissal of whatever the charges are.

Now, if it's a jury trial or something like that, even if the witnesses don't show up the first day, then a lot of times there's still a little bit of flexibility for the prosecution, and that it takes at least all morning, sometimes all day, sometimes a couple of days, if you do it the old way of selecting a jury, it can take as much as four or five days, to finally get your jury, and panel, sworn in, and ready to actually hear the case.

So they have a little bit of time to try to track down witnesses. But, if it's time to go, time to present evidence, and there are no witnesses there when they're supposed to be, then a lot of times you'll be looking at some form of dismissal.

Now, let's rewind this. Let's say it's back, and we're talking about a preliminary hearing, earlier on in the case. If it's a preliminary hearing setting, it's the first time everyone's appeared for a preliminary hearing, then a lot of times what will happen is there'll be a continuance.

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posted by aargaueraz