[cissycicle]

What happens to a domestic violence charge in Florida if the victim is unable to attend hearings because she drowned three weeks prior to the hearing? Are the charges dropped?

[aaron]

It depends upon whether there is an adequate record (e.g., the transcript of a preliminary examination hearing) or sufficient other evidence (e.g., witnesses to the domestic violence, a confession or other admissible statements of the defendant) to support a possible conviction. Often it will be necessary to dismiss a charge.

[Lawmoe]

A charge will not necessarily be dismissed if there is sufficient independent evidence to support the charge at trial. Statements of the victim may be used at trial if they fall under exceptions to the hearsay rule such aas an excited utterance. Certainly photographs of any injury suffered by the victim may also be introduced as evidence. The defendant's own statements may be used against him/her as well.

[Litigator]

One thing to be on the lookout for anytime they are going to use out-of-court statements as substantive evidence in a criminal trial is to see about challenging same as violative of the Confrontation Clause. As firmly rooted exceptions to the hearsay rule often satisy such a challenge, you really have to study the cases closely, honing in on what particular exception to the hearsay rule the prosecution may use to gain admission of the evidence.