Our client was staying in the home of a friend. One day police responded to an call of an argument there, and the friend told them our client had pushed and grabbed the wrist of the friend. Our client was not found. The next day, the friend called the police. The friend said that our client had returned, and told the friend to tell the police that the friend had lied the previous day. The friend then claimed that our client ripped a cell-phone out of the friend's hand when the friend refused to call, and simultaneously grabbed and pulled the friend's arm. The friend went on to claim that our client stole the SIM card from the phone and stole two pill bottles from the medicine cabinet. By the time the police arrived, our client was gone. An arrest warrant was issued and our client was picked up a few days later and charged with assault and battery, larceny under $1200, and witness intimidation.
Attorney Alexander Conley represented our client, who was held in jail on these and other charges. Attorney Conley hired a private investigator to look into the allegations, and track down any witnesses. The investigator was able to learn that the friend had a checkered past and had moved since the incident. In speaking with our client, Attorney Conley was also able to learn that the friend may have criminal exposure if they were to testify against our client. With this information, Attorney Conley scheduled the matter for a trial.
On the day of trial, the District Attorney's Office could not locate the friend. Given their lack of communication with the friend, and the fact that the case could not proceed without the friend's testimony, Attorney Conley argued that the Court should dismiss all of the charges against our client. The Court agreed, and all charges were dismissed.
The dismissal saved our client from any punishment from these allegations. In some cases, if a witness does not cooperate with the District Attorney's office, a dismissal can occur, as it did for our client. However, every case is different, and sometimes the Commonwealth can move forward even if there is no witness cooperation. If you or a loved one are charged with a crime, whether or not any witnesses want to pursue charges, you should contact a criminal defense lawyer for a free consultation.
