If my boyfriend and I got into a fight and he is now being charged but I don’t want the charges, will he still get jail time?

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If my boyfriend and I got into a fight and he is now being charged but I don’t want the charges, will he still get jail time?

Asked on January 4, 2016 under Criminal Law, New Jersey

Answers:

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

Answered 5 years ago | Contributor

As you have now found out, whether or not to pursue such a case rests with the prosecutor not the victim. As long as there is other evidence to support a conviction, a DV case can move forward even without the victim's cooperation. And in the event that you are subpeonaed to testify, your not showing up to court does not guarantee that the case will be be dismissed. Furthermore, a subpoena is a court order to appear and if you ignore it, you can be held in contempt and a warrant can be issued for your arrest (you can also face fines and/or time in jail). 


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