I I was subpoenaed and don’t show fora court date, will the charges be dropped?

Get Legal Help Today

 Secured with SHA-256 Encryption

I I was subpoenaed and don’t show fora court date, will the charges be dropped?

I’m the victim in a criminal case against my ex-girlfriend. I called the police because she punched me in the face and was threatening to kill her baby. She was charged with battery, then felony criminal threat. I asked the judge at the bond hearing to drop the felony charge because she is bipolar. My ex said she wanted help and was willing to go to in-patient treatment, pending bond. A defense attorney at the court room said the charges may be dropped if I don’t go to the court appearance. If I wasn’t served, will I get into trouble for not showing since it is now a felony case?

Asked on July 25, 2011 Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you don't show up, you could be held in contempt of court--so yes, you can be punished (jailed) for doing this.

Also, it will NOT by itself cause the case to be dropped--it may cause the case to be delayed, or it *could* in some circumstances fatally sabotage the case (i.e. if the judge won't grant a delay and there's no other evidence), but there is no rule saying that if the complaining witness (or victim) doesn't show up, the case must be dropped. Indeed, since there was a threat made against a minor (the baby) it is *highly* unlikely the prosecutors or courts will drop this one. Don't believe everything a defense attorney tells you, unless it's your attorney, representing your own interests.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption