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    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.

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