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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I am a stay at home mom. My boyfriend who I live with was charged

Customer Question

I am a stay at home mom. My boyfriend who I live with was charged with assault against me. The state pressed charges against him I did not but I have been sent a sobpeona to appear in court as a witness for the state. There are so many reasons why I do not want to do this. Is there any way I can choose not to testify? What if I had a doctors note?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Samuel II replied 7 years ago.

hi

 

you can speak to the victim/witness unit in the state's attorney's office - you have a right as the "victim" - you will need to discuss this with them and see if they will recall the subpoena or if they need your testimony, etc. if you do not appear on the subpoena, it is possible the state can have a warrant issued for your contempt of court. so contact them as soon as possible.

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Customer: replied 7 years ago.
Thank you for answering so o quickly. I did contact the states attorney office and they put me on with the prosecuter who said I have to show. Is that the same contact you meant? What about the doctors note? What happens if I am charged with contempt of court?
Expert:  Samuel II replied 7 years ago.

hi

 

yes. if talked directly to the prosecutor then that is the decision. they make all the decisions in these matters - though you can still speak to a victim/witness coordinator who might be able to listen to your reasoning and speak with the prosecutor again. a doctor's note would only postpone the hearing; you would be subpoenaed again. if you are in contempt you could be held at the discretion of the judge without bond until the hearing to make sure you are there.

 

i understand what you are going through, but you do not want to make it bad for yourself and your children. i still say call and speak to the VW coordinator. see if they can help you out in any way.