“What if I don’t file a counter-affidavit” is what people ask after they receive a complaint and a subpoena. There is a deadline, usually around ten days. During that time, a written reply is expected. That reply is the counter-affidavit.
If nothing is filed, the prosecutor still continues. He reads the complaint. He evaluates the attachments/evidence. And then he checks if there is enough basis to file the case in court. The process is mainly “paper review”. No hearing at this stage except for few clarificatory questions if the prosecutor wants to.
If a counter-affidavit is filed, it becomes part of the file. If it is not filed, the file stays one-sided. But with or without the counter-affidavit, the prosecutor will decide anyway. The process does not stop. The prosecutor works with what is there.
At the end of the review, the prosecutor either files the case in court or dismisses it.
If you don’t file your counter-affidavit, you will waive your right to respond to the charges. It means you were given time to respond and did not respond within that time.
Once the case is filed in court, the process changes. There are hearings, motions, and presentation of evidence. That is where both sides are argued in full.
Related reading on the same process:
Preliminary Investigation in Criminal Cases
How to Prepare a Counter-Affidavit
Can I File My Counter-Affidavit While I Am Abroad
How to Help Your Lawyer Prepare a Case
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