What to do if my husband went to jail for criminal trespassing for breaking my windshield on public property but I don’t want to testify against him?

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What to do if my husband went to jail for criminal trespassing for breaking my windshield on public property but I don’t want to testify against him?

The police was called and they took my statement for the incident. Now the state has taken over the case and sent me a subpoena through the mail to testify against my husband, however I don’t want to testify. My windshield has since been replaced by my husband and we are working on repairing our marriage.

Asked on October 18, 2012 under Criminal Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You really need to contact the prosecutor and let them know your situation.  Some may require you to come in and sign an affidavit explaining the situation and how it's improved.   You can ask that the charges be dropped, or at least put on hold, so that he can show you and the prosecutor that this was an isolated incident. Some prosecutors are very aggressive with family violence cases, but will usually comply with a "let's hold off for bit" approach so that they are satisfied that your safety is not an issue. Letting them know what is going on it better than getting in trouble for ignoring a subpoena.


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