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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24942
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I'm the victim in a Domestic violence case. I am a State

Customer Question

I'm the victim in a Domestic violence case. I am a State Employee and a subpoena was mailed to my worksite. Do I have answer? Will I be arrested or fired.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

You are the victim, not the defendant. That means they are likely subpoenaing you to give testimony against the defendant. The only way you'd get arrested under circumstances like this would be if you ignored the subpoena. You MUST comply with a subpoena as it is a court order. If the date is inconvenient or you want to find out what you're needed for, contact the prosecutor handling the defendant's case and ask him/her. The prosecutor is working on this case on your behalf which means essentially, that he is your lawyer.

As for being fired, if you're an employee at will (no contract or union) you can be fired for any reason or no reason at all, so long as it wasn't on the basis of age, gender, race, religion, disability, etc. But in general, I don't see why you would worry about being a victim.

Customer: replied 1 year ago.
I changed my mind. I don't want to press charges. This is the third hearing. My boyfriend said that they will throw out the case, if I don't show.
Customer: replied 1 year ago.
But I don't want to be charged.
Expert:  Zoey_ JD replied 1 year ago.

Unfortunately, the state can go forward with this case whether you have changed your mind or not. It is not your case. It is the state prosecutor's. If your testimony is critical to the prosecution, your failure to appear could eventually get the case dismissed. But the state will get ample opportunity to try to find you and bring you in before a judge would let that happen. As they know where you work, they could conceivably send a team of officers to your workplace and take you into custody, bring you in and force you to testify under penalty of contempt.

You have to honor a lawful subpoena. If your interest in this case is now at odds with the prosecutor's however, you can hire yourself a criminal lawyer to show up with you to the hearing and try to negotiate another solution to this case other than your having to testify.