QUESTION

I got charged with simple assault and harassment it was ma and my girlfriend. She dont want me to go to jail she isnt showing up at court what happens

Asked on Mar 15th, 2019 on Domestic Violence - Pennsylvania
More details to this question:
We got into a physical altercation and she hit me and I grabbed a hold of her but never hit her..shedont want me to go to jail she said that she isnt showing up at the hearing and that we are going to separate and move on
Report Abuse

1 ANSWER

Criminal Law Attorney serving Exton, PA at Hyde Tebay Legal
Update Your Profile
Depends on the facts of the case really.  The Commonwealth can compel her testify with a subpoena.  That means if she doesn't testify they can arrest her and hold her in contempt.  However, in some cases if the complainant doesn't show up the Commonwealth will dismiss the charges.  What county you are in makes a big difference.  Many counties don't even require the victim to testify at the Preliminary Hearing (they don't have to according to the rules) but a few do.  Your best way to answer this question is to talk to your attorney and find out how your county and judge handle these matters.   It is not unusual for the complaining witness to be uncooperative in these types of cases.  Most prosecutors have handled this situation a few hundred times and will have well defined rules and procedures.  The only way to know what those are is to have local counsel who will likely have handled a similar number of cases. 
Answered on Mar 25th, 2019 at 8:57 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters