IF I AM A DOMESTIC VIOLENCE VICTIM AND I GO IN TO COURT A REFUSE CHARGES DO I STILL HAVE TO TESTIFY?

Me and My former Partner got into a heated argument things got physical and i
called the cops on him. I have been subpoenaed to come in and testify against him
But i no longer want to press charges. I do not want to pursue this any longer.

Asked on January 8, 2018 under Criminal Law, Nevada

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, whether or not to press charges is up to the state and not the alleged victim. If there is enough other evidence to move the case forward, the state can prosecute even without the victim's cooperation. Also, if you are subpoenaed to court, then that is a court order to appear. If you do not, then you can be fined and jailed for contempt. Further, if you go and take the stand but refuse to tesitify, then you can also be held in contempt.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, whether or not to press charges is up to the state and not the alleged victim. If there is enough other evidence to move the case forward, the state can prosecute even without the victim's cooperation. Also, if you are subpoenaed to court, then that is a court order to appear. If you do not, then you can be fined and jailed for contempt. Further, if you go and take the stand but refuse to tesitify, then you can also be held in contempt.


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