Q: I have been subpoenaed to court to testify against my children's father for 2nd degree assault but I do not want to
Am I able to call the clerk who subpoenaed me and tell her that I do not wish to testify because I do want the case dismissed and the charges dropped. We have 3 children and the state has a peace order where he is not able to contact me or come near me at the time I called the police I was very emotional and my adrenaline was very high they took pictures of a small scratch and a small red mark on my back but this hasn't happened before and our backgrounds are clean.
A: You would need to call the State's Attorney's office if they subpoenaed you. Your views on the case may assist what they wish to do with it. They will make those determinations but usually the positions of witnesses and victims provide input into what they choose to do.
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