What to do if I was issued a subpoeana to testify in a domestic violence case in which I am the “victim” but I asked for the charges to be dropped?

Is it valid? They are saying if I do not comply that I can be fined and jailed. I am just trying to find out what my rights are in all of this.

Asked on March 7, 2013 under Criminal Law, Pennsylvania


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 7 years ago | Contributor

Hello. A subpoena is a court Order directing you, in this case presumably, to appear at court for a particular court hearing.  A variety of serious contempt of court penalties may be imposed on you for failure to obey the subpoena.  A motion may be brought to 'quash' the subpoena: 'Quash' means, to make void, or to nullify (the subpoena).  There are a variety of grounds upon which a subpoena may be challenged. Sometimes the legal issues pertaining to the subpoena may be addressed on a more informal basis, typically through attorneys. I do recommend that if you must provide testimony in a court of law, it is definitely advisable that you yourself immediately privately confer with an attorney who will advise you in a confidential manner on protecting your rights and your interests. I suggest you telephone several attorneys in choosing an attorney to assist you, because you need to feel comfortabel and a sense of great trust with the attorney helping you. Of course, the attorney may address your issues regarding the subpoena as well. All the best.

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