Many people charged with a crime assume that if the alleged victim does not come to court, the case will automatically be dismissed.
In Arkansas, that is usually not the case.
1. Criminal Cases Are Prosecuted by the State
Once charges are filed, the case belongs to the State of Arkansas — not the alleged victim.
This means that even if the alleged victim decides they do not want to pursue charges or fails to appear in court, the prosecutor may still move forward.
2. The State May Use Other Evidence
Prosecutors often rely on evidence beyond live testimony from the alleged victim, including:
- 911 recordings
- body camera footage
- photographs of injuries or property damage
- statements made at the scene
- testimony from law enforcement officers
In some situations, prior statements may be admitted under recognized exceptions to the hearsay rule.
3. The Court Can Require the Witness to Appear
If an alleged victim does not show up, the court may:
- issue a subpoena
- continue the case to a later date
- issue a warrant to compel attendance
This can delay the case rather than end it.
4. Some Cases Proceed Without the Alleged Victim
In certain misdemeanor and felony cases, prosecutors may attempt to proceed without the alleged victim by relying on other available evidence.
Because of this, it is important not to assume that a missed court appearance will make the charges go away.
Bottom Line
A criminal case in Arkansas is prosecuted by the State — not the alleged victim. While a witness’s failure to appear can sometimes weaken the prosecution’s case, it does not automatically result in dismissal.
If you have questions about how a witness’s availability may affect your case in Pulaski County or elsewhere in Arkansas, contact my office to discuss your options.
This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.