Assault & Battery Aggravated Assault case in GA

[Mark0303]

Thanks to all who give advice on this forum. I have recieved some greatly needed help here in the past for myself. I am writing this for a family member who needs advice with an upcoming aggravated assault case. My niece was charged with aggravated assault due to an incident with one of her boyfriend's ex-girlfriends. The charges are not considered to be Domestic in nature. The "complainant" and my niece were the only parties present during the altercation, and my niece says she acted in self-defense but was arrested at her home later that same day when the incident took place. The case was heard by the Grand Jury and bound over for trial. But now with the court date getting close, my niece has found out that the girl who filed the charges against her (complainant) is on the run/hiding from the police due to an outstanding warrant, and she will most likely not show up for Court. My questions are: 1) If the "complainant" doesn't show up for the court date will the case automatically be dismissed, or will/can the State prosecute without her? And: 2) What happens if she is arrested and is in jail when the court date arrives? Can she still testify if the State needs her to prosecute the case, or would her being incarcerated affect the case in any way? Thank you for any advice or information anyone can give to me.

 

[army judge]

Your relative needs a lawyer.
She should not comment on this case, except to discuss it with her lawyer.

Now, to address your query.

If the complainant fails to appear, the case will likely be dismissed.

If there is no one present to testify against your loved one, there is likely to be no case.

However, that is precisely why she needs a lawyer.

The state will try to get a continuance to locate the victim.

If she has a lawyer, her lawyer will fight the state.

If she has no lawyer, the state will get away with treachery.

So, make sure she has a lawyer.