QUESTION

If the victim doesn't press charges but is issued to come to court, will you be punished?

Asked on Aug 06th, 2013 on Criminal Law - Illinois
More details to this question:
Victim didn't press charges but still got calls to appear in court. I don't want to go but I don't want to get sent to jail myself. Do I have to go? And will they drop the case if I gave a statement?
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7 ANSWERS

Michael J. Breczinski
If you are the victim, you only have to appear if they subpoena you into court. Then if you do not show up they can arrest you.
Answered on Aug 08th, 2013 at 6:39 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Contrary to popular opinion, once someone makes a police report whether the prosecutor charges the person accused or not is completely out of their hands. Once the police have been told someone did something, even if they take that back it may not stop the prosecutor from going forward on the case. Obviously, people do stupid things in the heat of an argument or when they are hurt or scared. For instance, they may call the cops to get someone whom they're mad at in trouble. They may exaggerate or make up a story. Later on they cool down and wish they never did it. Now they ant to find a way to take it back. Too late. If the accuser has been subpoenaed (properly served by personal delivery) to go to court, they have to go. They are then put in an untenable position where they either have to repeat the lies they told the cops or admit they were lying. Either way, they risk getting in trouble. The accuser needs to talk to a lawyer. Yes you have to go. No you shouldn't give a statement.
Answered on Aug 06th, 2013 at 9:00 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Need more details. If you are summoned to court an do not appear then you are in trouble.
Answered on Aug 06th, 2013 at 11:51 AM

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If you have a summons to appear in court and you do not appear or have a representative present for you, a default judgment will be entered against you most likely. You cannot simply make a statement to the police to avoid going to court because the district attorney, not the police, decide whether or not to drop charges.
Answered on Aug 06th, 2013 at 11:49 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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If you have been subpoenaed to court, you need to go.
Answered on Aug 06th, 2013 at 11:47 AM

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Thomas Edward Gates
If you do not show, a bench warrant will be issued for your arrest and you will see jail time. The victims wishes are only one element in the prosecutor's decision in charge you. He will look at the other supporting evidence. The charge will not just go away.
Answered on Aug 06th, 2013 at 10:51 AM

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Criminal Law Attorney serving Melrose Park, IL at The Law Offices of Carlos H. Davalos
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Violating a subpoena order is a punishable crime. The violation itself may or may not be punished. Depends on the decision of the party issuing the subpoena.
Answered on Aug 06th, 2013 at 9:32 AM

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