QUESTION
If I filed charges against someone and later dropped the charges, can the state subpoena me and make me testify?
Asked on Jul 05th, 2013 on Criminal Law - Rhode Island
5 ANSWERS
The victim of a crime is not the one filing charges. The state is the one filing the charges. Therefore, the victim cannot have the charges dropped or dismissed. If the state is prosecuting prosecution of the charges, they can subpoena any witness to the crime. This includes the victim even if the victim does not want the state to proceed.
Answered on Jul 08th, 2013 at 3:41 PM
James Edward Smith
Yes. It's up to the State to go forward, not you
Answered on Jul 08th, 2013 at 2:05 PM
Of course they can. You wanting to drop charges is irrelevant. You're not the prosecutor, so you don't get to "drop" charges.
Answered on Jul 08th, 2013 at 2:05 PM
Thomas Edward Gates
They can subpoena you and if you fail to show, a bench warrant for your arrest will be issued. You can refuse to answer any question when you are on the stand. Be careful, the prosecutor may already have enough evidence to convict and if you lie, you could be charged.
Answered on Jul 08th, 2013 at 2:05 PM
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Depends you may have a fifth amendment privilege but otherwise yes.
Answered on Jul 08th, 2013 at 2:02 PM