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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33501
Experience:  16 yrs. of experience including family law.
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If a domestic violence victim does not show up even though

Customer Question

If a domestic violence victim does not show up for pretrial even though they have a subpoena to say to be there Will the case be dropped
Submitted: 10 months ago.
Category: Family Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

There is no guarantee that the case will be dropped. Not for domestic violence charges...my experience is that domestic violence charges are some of the only charges that the state will purse even if the victim does not desire prosecution. So if the victim refuses to honor the subpoena...I would expect the prosecutor to request the court order the sheriff collect (arrest) them and bring them to court to force them to testify. I have seen this happen more than once

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 10 months ago.
Well my boyfriends public defender told him that if I didn't go to the court date that they would drip it before the actual trial . That they couldn't persue a case where there is no victim. But I went to court because I felt I had to because of the subpoena and now he says i am putting him in prison. Do you know what will happen if I don't go to the trial if it goes that far, will the pretrial testimony be enough to convict him if I don't go?
Expert:  P. Simmons replied 10 months ago.

It is up to the prosector...and, frankly, his defense counsel has a better sense of this than anyone you will ask online. So if the defense lawyer believes that the prosecutor will drop charges if you do not show up...I suspect that may well happen.

Just understand that it i up to the prosecutor...they are the only one who can drop this.

Can they use your pre trial testimony? Possible...but my experience is that if they want to proceed, they will have the sheriff collect you and bring you to the hearing.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.