I I was subpoenaed and don’t show fora court date, will the charges be dropped?
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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 13 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.
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