Question asked on May 24, 2021
Q: Case is set for a bench trial I was accused of domestic battery. I have an attorney and my husband advised he does not want to testify or further charge me. Will it get dismissed?
A: For many reasons, most going to witness intimidation, most D.A.’s have a “no drop” policy regardless of the wishes of the purported victim. That said, your husband could call the prosecutor and request dismissal. I would never counsel anyone to ignore a subpoena, but the fact remains that if witnesses do not show up for trial, usually the prosecution cannot proceed.
Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American and International Academies of Matrimonial Lawyers, former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML.
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