Do i have to go to court if I have not been served?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do i have to go to court if I have not been served?

My boyfriend and I have a domestic violence case we wanted dropped. He has a court date and I don’t want to be at court; they’re trying to serve me papers. I don’t want to be locked up for this or do I need to go? I don’t want to be there at all.

Asked on April 28, 2017 under Criminal Law, Georgia

Answers:

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

Answered 4 years ago | Contributor

First of all, whether or not to drop charges in a criminal case is up to the prosecutor, not the alleged victim. If there is enough other evidence to support a conviction, then the case can still move forward even without the victim's cooperation. As for your avoiding service of process, while it is not illegal to avoid being subpoenaed, there are ways for the state to meet the service requirement without physically handing it to you. Further,if they do meet the service requirements and you do not appear in court, since this is a criminal matter, you could have a bench warrant issued for failure to appear and face fines and/or jail time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption