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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 30895
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello, I just had my ex arrested for computer harassment.

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I just had my ex arrested for computer harassment. I received my subpoena several days ago, but when I checked online there was a motion hearing scheduled on a different day and I am very worried. Will I be notified and asked to attend? Will the Commonwealth Attorney pursue me for evidence or should I call them? What is likely going to happen, will I not be allowed to testify or will they drop the case? Thanks!

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : If you received a subpoena, you must appear on the time and date indicated.
Roger : The motion hearing could be something else that isn't related to the need for your testimony.
Roger : The subpoena means that a party plans to call you as a witness. It certainly may be that you aren't actually called to testify in court - - but they likely want you there nonetheless and just in case you are needed to testify.
Roger : However, if you haven't been subpoenaed to appear at the hearing, then there is no requirement that you be there.
Roger : It is likely a good idea to call the attorney and inform him/her that you have received the summons and that you will be there; you can also ask whether or not they need anything from you and whether you need to appear at any other hearing.

Thank you. I called them but a specific one had not been assigned. It now moved up a whole month. What is the chance of them dropping the case without even seeing my evidence?

Roger : It's not very likely at all that they'd drop the case.
Roger : They are going to want to review the evidence and evaluate the charge before anything like that would be considered.

Ok thanks. It was very hard to get someone interested in my case so I wasn't very confident.

Roger : No problem.
Roger : Prosecutor's offices are extremely under-manned, so it often takes a while for cases to process.
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