QUESTION
What could happen to my husband if he follows through with his refusal to go to court and testify?
Asked on Jan 15th, 2013 on Criminal Law - New York
More details to this question:
Husband and our 17 yr old son got into a physical fight. Long story short, son had minor injuries, exaggerated the situation and his dad was arrested for child abuse and DV. Son wants the charges dropped and says he will refuse to go to court or testify. He is now 18.
7 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If he is subpoenaed and does not appear in court, then he will be picked up and brought to court. If he goes to court and refuses to testify, he can be held in contempt and sentenced to up to 6 months in jail for each refusal. Rather than act as he has suggested he plans to act, he should instead talk to the prosecutor about what really happened and cooperate with your husband's lawyer in your husband's defense.
Answered on Jan 19th, 2013 at 9:34 PM
Criminal Law Attorney serving Beverly Hills, CA
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Margolin & Lawrence Attorneys at Law
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Son should hire lawyer in order to help the father. If anyone is personally served with a subpoena and does not go to court he or she can be arrested on a bench warrant.
Answered on Jan 19th, 2013 at 9:32 PM
Simple. A warrant will be issued for his arrest.
Answered on Jan 17th, 2013 at 8:42 PM
Michael J. Breczinski
Well he could be thrown in jail for contempt of court if he disobeys a subpoena. Now If he had something to do with starting the fight then he could refuse to testify on the grounds that he would incriminate himself.
Answered on Jan 17th, 2013 at 8:41 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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The State can try to have him held in contempt of court but there is a process before that happens. That also assumed the State would want to do that. Many times if the victim or key witness doesn't show then the State drops the charges, but they sometimes will try to get the person arrested if they really want to convict the defendant.
Answered on Jan 17th, 2013 at 8:39 PM
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Son should discuss with an attorney to decide best way to go if son was not properly subpoenaed, then he does not have to appear.
Answered on Jan 17th, 2013 at 8:39 PM
Theodore W. Robinson
While the DA's office has the right and obligation to Subpoena your son to testify, they don't usually force one family member to testify against another, unless the injuries are very serious and the witness is feeling intimidated by the party that was charged with a crime. On the other hand, they will generally tell the witness that if they fail to testify, they are subject to being arrested and technically, that's true. However, many times witnesses' memories tend to fade over time and that's another way to deal with this situation. I suggest you contact a local attorney and ask them what he should do as well.
Answered on Jan 17th, 2013 at 5:11 PM