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Thank you for providing that clarification. You may consider speaking to the District Attorney to find out whether they are going to prosecute. If they are, then you may not have the option of deciding not to testify because your testimony will be valuable. To the extent you refuse, they will subpoena you and compel your testimony. However, if you speak with the District Attorney prior to the pressing of charges, they may decide not to move forward if you do not to testify or they may provide you with other options depending on the circumstances. To the extent that the accused decides to take a plea (which happens in a lot of smaller cases where there is evidence), you testimony would not be required. However, again, the District Attorney is in the position of being able to determine what the chances are of the case moving forward to a trial.
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