QUESTION
What should I do if I’m a victim of domestic violence and I'm being subpoenaed to be in court for a trial and I don't show up?
Asked on Oct 03rd, 2012 on Criminal Law - Florida
17 ANSWERS
Leonard A. Kaanta
TZhe prosecutor can have you held in contempt and offer the police report.
Answered on Oct 08th, 2012 at 9:50 PM
Did you file the DV Report? You could be held in CONTEMPT of Court and be FINED and/or jailed. WHY wouldn't you want to show up? You're NOT telling us everything.
Answered on Oct 05th, 2012 at 11:45 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The D.A. could ask the judge for a body attachment or warrant for your arrest for disobeying the subpoena. If the judge grants the D.A.s request, the Sheriff will come for you, arrest you and bring you before the judge to explain why you ignored the subpoena.
Answered on Oct 05th, 2012 at 11:42 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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The judge can issue a bench warrant for your arrested and you can be subject to contempt of court sanctions.
Answered on Oct 05th, 2012 at 11:42 PM
Dennis P. Mikko
A subpoena is a court order requiring your attendance at, in this case, the trial. Failure to show up could result in you being found in contempt of court. Upon being found in contempt, you could be fined or sent to jail. You need to follow the directions of the subpoena.
Answered on Oct 05th, 2012 at 11:40 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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A subpoena is a court order. If you fail to follow the court order, you could be arrested and held in custody until you testify. You could also be charged with a misdemeanor.
Answered on Oct 05th, 2012 at 11:37 PM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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Generally speaking, in order to prosecute a defendant who is charged with domestic violence, the victim must appear in court. If you do not appear in court, then it is possible that the prosecutor will drop the charges.
Answered on Oct 05th, 2012 at 11:32 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you fail to show, the judge can issue a material witness warrant and have you picked up and brought to court to testify. My advice to you is to speak with your victim advocate, who will help you. Not choosing to testify could result in a dismissal of the charges, which means the defendant is free to assault other people and possibly you in the future.
Answered on Oct 05th, 2012 at 11:31 PM
Thomas Edward Gates
They can issue a warrant for your arrest because you were subpoenaed to be there.
Answered on Oct 04th, 2012 at 3:40 PM
3 Awards
subpoena must be personally served, so if mailed, likely nothing best to discuss with an attorney
Answered on Oct 04th, 2012 at 3:39 PM
A warrant may go out for your arrest, but usually only while the DV case is open.
Answered on Oct 04th, 2012 at 3:39 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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For not obeying a subpoena, you can be held in contempt of court, as a subpoena is a legal document compelling you to appear.
Answered on Oct 04th, 2012 at 3:28 PM
Michael J. Breczinski
If you do not show up after being subpoenaed then you can be put in jail for that. Suburban l' d means "Under threat of punishment" I would go if I were you
Answered on Oct 04th, 2012 at 3:27 PM
Michael Paul Vollandt
Yes. If you do not show up the Judge will issue a bench warrant for your arrest.
Answered on Oct 04th, 2012 at 3:24 PM
Tamara Marie Chin
You need to show up and testify or the case will be dismissed.
Answered on Oct 04th, 2012 at 3:19 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You must appear in court when you are subpoenaed. If you do not, you can be jailed.
Answered on Oct 04th, 2012 at 3:19 PM