Q: The alleged “victim” in my case has not shown twice at the magistrate to testify against me. The cops are trying to put a felony on me for aggravated assault. The victim started the fight and was only in the hospital overnight. If he fails to appear, will the judge throw the case out? (Pittsburgh, PA)
A: There is no such rule but since I began practicing it is a generally accepted way of operating. The only exception I have seen is where the DA can show some compelling reason.