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  1. #1
    Join Date
    Aug 2005
    Location
    IL
    Posts
    2

    Default Can a domestic battery case go to trial without the victim's testimony

    My spouse reported to police about alleged dometic battery a few months ago, and couldn't have the poilce drop the case. There has been a couple court appearance for me since then for the misdemeanor charge. The final trial date is set for tomorrow. My spouse and I still live together and my spouse will not be present in court tomorrow. This is in IL.

    I have a few quaestions.
    1) Will the judge allow the case to proceed to trial without victim witness?
    2) What is the possible plea deal that will not pose any immigration problem?
    3) If the judge won't let the case to go to trial, is it a good strategy to plead not guilty and demand trial (as the victim witness will not be present)? What's the likelihood of the case going to trial and me being convicted?
    4) Can I represent myself in the trial phase, do I really need a lawyer?

    Quick responses are much appreciated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Re: Will dometic battery case go to trial without victim wit

    Quote Quoting allanhouston
    1) Will the judge allow the case to proceed to trial without victim witness?
    It depends upon local policy and the available evidence.

    Your questions are very case specific, and require knowledge of a great deal of information that is not available here. I suggest you consult with a local criminal defense lawyer.

  3. #3
    Join Date
    Aug 2005
    Location
    IL
    Posts
    2

    Default No attorney is needed

    With no witness present, prosecutor had to drop the charges. Thus, judge dismissed the case and I walked away free.

    Lawyer tried to coerce me into paying $2000 for "preparing for trial" during the 2 months period leading to trial date. I rejected and told him I'd represent myself if the case goes to trial.

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