Re: missing petitioner
Posted by Frankie on 7/23/08
The state files charges against criminals and is typically
"the petitioner" in criminal cases. In most states, sexual
battery is usually a criminal offense. Consequently, the state
attorney would "petition" the court.
Are you saying that the state attorney filed sexual battery
charges then left the state before arraignment?
I presume you meant the victim left the state before
arraignment. If the victim is not available because she is out
of state, then the prosecutor will not be able to call her as
a witness. Moreover, the prosecutor would not be able to
present her testimony as evidence at the defendant's trial.
Nevertheless, the defendant may still be prosecuted and
convicted depending on the strength of the evidence against
the defendant available to the prosecutor at trial. One more
thing, the prosecutor may postpone the case so that s/he could
gather enough evidence. The rules of criminal procedure and
the statute of limitations for sexual battery in the
jurisdiction set out the time frame in which the prosecutor
must commence with the case.
On 7/22/08, Rheonna wrote:
> petitioner filed sexual battery charges then left the
> state before arraingment. what happens if she doesn't
> show for court?
Posts on this thread, including this one
- missing petitioner, 7/22/08, by Rheonna.
- Re: missing petitioner, 7/23/08, by Frankie.