The first question is what type of hearing it is. Often times, the Complainant in a
Domestic Violence Charge in Michigan will be Subpoenaed by Prosecutors to appear at less-significant hearings,
such as a Pretrial Conference. The point of doing so is so that the Prosecutors
can consult with them and find out how they would like to see the case
resolved under the Michigan Crime Victim Rights Act. If the Complainant
fails to appear for a Pretrial Conference, it is totally unlikely that
your Michigan Domestic ViolenceCharge will be dismissed. In-fact, neither
I nor any other Michigan Domestic ViolenceLawyer that I know has ever
had a Domestic Violence Charge dismissed just because the Complainant
did not appear for a Pretrial Conference. It simply doesn't seem to
happen. Any other Domestic Violence Defense Attorney who tells you otherwise
should be viewed with caution.
On the other hand, if it is your Trial date in your Domestic Violence case and the Complainant fails to show-up despite being Subpoenaed, many Judges will readily grant your Domestic ViolenceDefense Lawyer's motion to dismiss, even though some Prosecutors will ask the Judge to give them an "adjournment" (more time) to attempt to track them down. Additionally, some Prosecutors, on their own initiative, will tell the Judge "the Victim has failed to appear, and we are unable to proceed."
HOWEVER, in certain Domestic Violence criminal cases, on the day of Trial, the Complainant may not appear and deemed legally "unavailable," and if the Prosecution has filed a document called a Notice of Intent under a Michigan Domestic Violence law called MCL 768.27c, the United States Supreme Court has said that they just might be able to get away with continuing to prosecute you at Trial despite the Victim's absence, even though your Domestic Violence Attorney cannot exercise your 6th Amendment Right to cross-examine (or "confront") this accuser of yours. But that all depends on whether some strict legal requirements have been met, and the Michigan Court's disagree.
Is your Domestic Violence Defense Attorney prepared to meet these legal challenges? Call Prain Law, PLLCanytime at (248) 731-4543. More comfortable with confidential e-mail? Send us a message online by filling out or Custom Contact Form. Each additional minute you wait, the strength of your defense could diminish.