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Can a class a misdemeanor be dismissed?
Anonymous2 views3 answers
My soon to be ex husband and I got in a physical altercation at a public place. We both presses charges but I was the one who received the charge o a class a misdemeanor. It has now been two months and my husband deployed without notifying anyone and my case has been reset three times already. If he's not in the country cam my case be dismissed?
Your case can be dismissed if the State does not feel that they can make the case and they do not wish to pursue it. However, generally they want to at least talk to the complainant before they dismiss a case so if they have not talked with him they will not want to dismiss it. At the same time, the judge is not going to let them keep resetting the case without some kind of time frame on a conclusion.
If there are excited utterances, the State may not need your ex in order to make the case against you. It really depends on the facts.
I assume you must have a lawyer. Talk to your lawyer about the situation.
If the prosecution does not know where your husband is and cannot subpoena him, it will make it far more difficult for them to prosecute you. Even if he made statements to the police, under US v. Crawford there is an excellent argument for suppressing their use if he is not available. You would absolutely benefit from a skilled, knowledgeable attorney's assistance. At some point, the judge will not allow any more continuances. An attorney will be more likely to be able to put an end to this for you.
Yes but they don't have to have your husband to proceed with the case. They may be able to continue the case because he has been deployed. Many cases don't go to trial for over a year for someone out on bond.