What would happen if as the victim I got a subpoena to testify but I don’t want to?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What would happen if as the victim I got a subpoena to testify but I don’t want to?

I have a pretrial for a domestic violence criminal offense. I was served with a subpoena to testify but because I am the victim, am I allowed to refuse to testify or am I allowed to not show up to court? If I don’t show up, what would happen?

Asked on May 17, 2019 under Criminal Law, Ohio

Answers:

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

Answered 4 years ago | Contributor

A subpeona is a court order. Failure to comply with it (i.e. not showing up) will subject you to fines and/or possibly jail time. Further, if you do not testify, you can face the same penalties. Botton line, you must show up and you must tell the truth.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, being the victim does not entitle you not testify if subpoenaed. If you don't testify, you could held in contempt of court and potentially fined and possibly even jailed. And/or the criminal case against your attack may be dismissed due to lack of evidence, if your testimony is critical.


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 lock Secured with SHA-256 Encryption