If a victim/accuser is unavailable on the court date (in the hospital) what happens?
Question: If a victim/accuser is unavailable on the court date (in the hospital) what happens?
Answer: Depends on the circumstances of the case, but it is likely that the prosecutor will ask the court for a continuance of the hearing since a victim is unavailable with good reason, and likely will be available in the near future. Depending on the situation of the victim, a prosecutor may try to get the judge to approve a deposition or get statements from the victim in the hospital, and potentially by video (although I have never personally been involved in a situation like that). You should check with your attorney though, the prosecutor may have “speedy trial” issues if time was not waived.
DUI & Criminal Defense Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.