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.