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Originally Posted by warriorzpath
There is a chance that this can be thrown out based on lack of evidence and lack of credible witnesses. I got my fingers crossed - so I don't have to worry about this stupid crap anymore.
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The judge doesnt have the discretion to decide whether or not the witnesses are credible. He can only decide questions of law; questions of fact (such as "Is this witness trustworthy?") can only be decided by the jury.
As for the lack of evidence, cases have gone to trial with far less than eyewitness testimony. When cases are dismissed for lack of evidence, it is usually because the evidence being offered is found inadmissable.
Pretty much every case that goes to trial, civil or criminal, has the defense filing a motion to dismiss. It is more or less a formality. That said I sure as hell hope this is the one in a million that works!