If I’ve received a subpoena and do not go, will I be arrested?

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If I’ve received a subpoena and do not go, will I be arrested?

My boyfriend was wrongfully accused of domestic violence and I have been
subpoenaed to testify against him. He spoke with his attorney and told me that if
I don’t go, the whole case will be dismissed and there will be no warrant issued
for my arrest, but I’m not so sure. I do not want to testify and incriminate him
but I’m afraid of being detained for this. The court date is tomorrow. Should I
go or should I take his word? He is not nearly as concerned with my freedom as I
am.

Asked on November 15, 2016 under Criminal Law, California

Answers:

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

Answered 4 years ago | Contributor

A subpoena is a direct order from the court for your appearance at the place and time specified. As long as it was validly served, if you ignore it you can be held in contempt of court. Accordingly, a warrant for FTA (failure to appear) can be issued for your arrest and you can face fines and/or jail as well.


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