What Does it Mean for the Defendant when a Witness Fails to Appear?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“This is the outcome of court today what does it mean for the defendant? ‘Witness failed to appear. Officer out sick. Defense ready. Must be tried. Commonwealth no-objection.”

Can you provide any more information about the nature of the witness who failed to appear? Is this for a traffic citation, and is the witness the officer who issued the citation? Generally, the defendant has the right to confront his or her accuser, and you can move to have the case dismissed for want of prosecution if they fail to appear. To be certain, you should speak with your attorney who represented you during trial or call the clerk of courts to inquire about the status of the case. State rules vary in terms of whether a case can or will be reinstated at a later date.