is there a way to avoid a supena to go to court?

UPDATED: May 4, 2009

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is there a way to avoid a supena to go to court?

i am the victim in a domestic violence case but i do not wish to go to court even though i have received a supena

Asked on May 4, 2009 under Criminal Law, Nevada


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

While I am not licensed in NV, but rather CT, the rules on subpoeas  are common in most states. Generally, in the criminal context, there are very few ways to quash a subpoena.  I do not have enough info to make a detailed suggestion as I do not know the reason behind you not wanting to attend court.  Are you afraid to ciminalize yourself?  In that case, you should speak to a lawyer immediately so that he/she can guide you.  If you just dont want to go to court because you dont want to get the defendant in trouble, then there may not be a sufficient reason for you not to testify. If you do not appear in court, the judge could issue an arrest warrant for you - which is not what you want.  If you go to court and refuse to answer questions, the court could prosecute you for interfering with a prosecution.  Again, I would speak to a lawyer immediately to determine the basis for your not wanting to testify and your options under the state subpoena statute.  No showing up is not a good idea.

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 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.

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