Miami Dolphin player, Phillip Merling, is no longer facing aggravated battery charges in a county south of Jacksonville. According to the Sun Sentinel, the Broward County Prosecutor has decided to drop the battery charges because the alleged victim moved out of state and will not come back. The state attorney’s office was not able to get her served with a subpoena.
If you are arrested for any charge involving a victim, such as domestic battery in Jacksonville, aggravated battery in Jacksonville, aggravated assault in Jacksonville, or simple assault in Jacksonville, their testimony is very important. Unless there is a witness to the touching, the victim is critical to the prosecutor’s case because they have to prove that the victim was touched against his or her will.
As a Domestic Battery Lawyer in Jacksonville, I have dealt with many cases where the victim has disappeared or is unwilling to testify against my client. If the alleged victim cannot be found, the prosecutor is going to have a hard time proving their case. If the alleged victim does not want to testify, they can be made to come down to the courthouse if they are served with a subpoena.