QUESTION
Can a victim go to jail for not showing up to court?
Asked on Sep 10th, 2013 on Criminal Law - Illinois
More details to this question:
My ex boyfriend went to jail for CDV and I was the victim. We went to court a few months ago and he asked for a jury trial. I have received another summons for court but I can't miss work. Can I go to jail if I don't go to court?
5 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you were served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in court on the date stated on the subpoena. Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest. The police will be looking for you and when found will arrest you and eventually bring you to court to explain to the judge why you disobeyed the subpoena. The court can find you in contempt of court and sentence you to jail. If you refuse to testify, the court can also find you in contempt and sentence you to jail.
Answered on Sep 13th, 2013 at 3:28 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Disobedience of a personally served subpoena is contempt of court, which can be punished with jail time.
Answered on Sep 11th, 2013 at 10:20 AM
Thomas Edward Gates
Yes, if you do not show a bench warrant will be issued for your arrest. Missing work is no excuse.
Answered on Sep 11th, 2013 at 6:50 AM
If a person is subpoena to go to court as a witness it is contempt of court not to show. You can go to jail for contempt of court. In most cases, the victim witness is not prosecuted.
Answered on Sep 11th, 2013 at 5:52 AM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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You could, if one of the parties files a rule to show cause.
Answered on Sep 10th, 2013 at 11:59 AM