![]() This article discusses some of the factual scenarios where a victim is required and others when the victim’s testimony is unnecessary. What to Take Away: Sometimes a DA will dismiss a case if the victim will not testify, but other times, the victim’s refusal to testify or the victim’s absence from trial makes no difference. There can be many reasons why the victim does not want to testify, but the practical consequence that defendants are eager to know is whether this refusal mandates that the prosecutor dismiss the case. ![]() ![]() This may also happen in sexual abuse cases, gang-related violent crimes (including theft offenses), elder abuse cases and matters involving violations of protective orders. In many cases of alleged domestic violence, the “victim” may intend to refuse to testify.
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