What Happens If a Victim Refuses to Testify in New York – Are Charges Dropped?

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know that the victim is often the person most directly affected by the alleged crime and can provide a firsthand account of what happened.

Their testimonies can offer details about the sequence of events, the alleged perpetrator’s actions, and the impact of the crime on their lives. In criminal cases, the prosecution’s ability to secure a conviction often relies heavily on the cooperation and testimony of the victim.

If a victim refuses to testify in New York, it can significantly weaken the prosecution’s case, but it doesn’t necessarily mean that charges will automatically be dropped.

Here, our Albany County criminal defense lawyers discuss what typically happens in such situations:

Will My New York Criminal Charges Be Dropped If a Victim Refuses to Testify Against Me?

Prosecutors have discretion in deciding whether to proceed with a case if the victim refuses to testify. They may choose to continue with the case if they believe they have enough evidence to secure a conviction without the victim’s testimony. This could include other witnesses, physical evidence, or forensic evidence.

In some cases, particularly in domestic violence cases, the prosecution may proceed with the case even if the victim refuses to testify. This is known as a victimless prosecution, where the state takes on the role of the plaintiff and pursues charges on behalf of the victim.

In other cases, the prosecution may issue a subpoena compelling the victim to testify. Failure to comply with a subpoena can lead to legal consequences for the victim, such as being held in contempt of court. They may also try to persuade or pressure the victim to testify, especially if they believe the case is strong and the victim’s testimony is crucial.

If the prosecution determines that they cannot proceed with the case without the victim’s testimony or if they believe that the case is weak, they may choose to dismiss the charges or offer the defendant a plea bargain.

Ultimately, whether charges are dropped if a victim refuses to testify in New York will depend on the specifics of the case, the evidence available, and the discretion of the prosecutor handling the case.

Contact Our Criminal Defense Attorney Today

If you have been charged with a crime in New York, and are unsure how your case will be handled by the prosecution, contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to ensure your rights are protected from the start. We have a strong track record of producing real results for our clients. Allow us to pursue a positive outcome for your case, too.