How doI not testify against my boyfreind in court without getting myself in trouble?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How doI not testify against my boyfreind in court without getting myself in trouble?
My boyfriend is currently in jail for felonious assault, abduction, an tampering with evidence. I am the victim. He has been in there for 5 months and the trial is on 02/09. They offered him 6 years for a plea bargain. However, I don’t feel that he deserves that punishment and I have changed my mind. I was just not going to go to the trial but a sheriff came today and gave my son a subpoena for me. But he did not sign for anything nor was it given directly to me. How do I handle this situation without getting myself in trouble an getting his charges dropped?
Asked on February 1, 2011 under Criminal Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have a couple of issues here.
First - Can I drop the charges? A victim cannot drop criminal charges only the prosecutor can do that. And a case may be prosecuted over a victim's objection. While the states case would be stronger with their testimony, if there is other evidence to support the charge, the case may still go forward. Additionally, prosecutors are often very unwilling to simply drop these types of cases because they do not want to send the message to offenders that if they can intimidate or otherwise unduly influence a victim, they can get away with what they have done.
Second - Must I testify? Since you've been subpoenaed you must show up to court. A subpoena is a direct order from the court for appearance at the place and time stipulated. If a subpoena is validly served and you ignore it you can he held in contempt of court. A warrant for FTA (failure to appear) can be issued for your arrest and you c can face fines and/or imprisonment.
Third - Was the subpoena properly served? Typically, in most states, as long as the person who actually receives service of the subpoena is a member of the subpoenaed individual's household, is legally competent, and is 16 years of age or over, they can be validly served.
The fact is that this is a serious and complex case. You should directly consult with a criminal law attorney licensed in your state for a fuller explanation of your rights/duties in this matter.
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.