Last updated December 2025
Many people believe that if the victim doesn’t show up, the case automatically gets dismissed.
That is not true in Florida.
Prosecutors — especially in Broward County — routinely move forward with or without the victim, depending on:
The type of charge
Available evidence
Prior statements
Body-worn camera footage
911 calls
Physical injuries
Independent witnesses
This happens frequently in domestic violence, battery, DUI with injury, and BAT LEO cases.
Here’s what really happens when the victim does not appear.
⚖️ The State — Not the Victim — Controls the Case
Once charges are filed, the case belongs to the State Attorney’s Office, not the victim.
Even if the victim:
Wants to drop charges
Refuses to come to court
Avoids service
Changes their story
…prosecutors can still proceed.
This is especially common in domestic violence cases, where victims often recant or decline cooperation. The State may decide to continue anyway.
For general information on victims’ rights in Florida, see the Florida Attorney General’s official victim rights overview.
📞 Prior Statements Can Still Be Used
Even if the victim doesn’t show up, prosecutors may rely on:
✔ 911 Recordings
Excited-utterance exceptions often apply.
✔ Body-Worn Camera Footage
Statements made during the incident may be admissible.
✔ Neighbor or Witness Testimony
Independent witnesses can replace victim testimony.
✔ Photographs or Injuries
Documented injuries can be used without live testimony.
✔ Written Statements
Sworn or unsworn prior statements may come in under exceptions.
This mirrors the evidentiary strategy used in battery on a law enforcement officer, DUI injury, and domestic violence battery cases.
🛑 When the Case Cannot Go Forward
The case may fall apart if:
The victim is the sole source of evidence,
There are no independent witnesses,
There is no 911 call,
No bodycam,
No injury photos,
No admissions,
The victim asserts a privilege (marital, for example).
In these situations, prosecutors may:
Reduce charges,
Offer diversion,
Or file a no-information.
This mirrors outcomes you often negotiate in petit theft, drug cases, and certain DUI matters.
✋ Can the Judge Dismiss the Case Automatically?
No.
A judge cannot dismiss a criminal case just because the victim didn’t show up unless the State cannot proceed and has no legal basis to continue.
The defense can move for:
Dismissal,
Judgment of acquittal, or
A Richardson-style challenge
depending on the stage and missing evidence.
🛡️ Subpoena Problems vs. Good Cause
If the victim was not properly served with a subpoena, the court may continue the hearing or grant the State more time.
If the victim was served and fails to appear, the State may request:
A continuance
A material witness warrant (rare but possible in DV cases)
These issues also show up in arraignments, bond hearings, and probable cause affidavit challenges.
🚨 Speak With a Fort Lauderdale Criminal Defense Lawyer Today
Whether the victim plans to appear or not, you need a legal strategy tailored to the evidence.
Contact Michael White, P.A. today so we can evaluate the case and push for the best possible result — including dismissal when appropriate.
❓ FAQs — Victim Not Showing Up in Florida Criminal Cases
1. Will the case be dismissed if the victim doesn’t show up?
Not automatically. The State may still prosecute using other evidence.
2. Can the victim tell the judge they want to drop the charges?
They can, but the decision belongs to the State Attorney.
3. Can the State force a victim to come to court?
Yes. Victims can be subpoenaed and, in rare cases, face a material witness warrant.
4. What if there is no other evidence besides the victim?
The defense may move for dismissal or acquittal.
5. Should I speak with the victim about not appearing?
No. Any contact could lead to new charges — especially in domestic violence cases.