San Antonio, TX asked in Criminal Law and Family Law for Texas

Q: I signed to remove charges, im still being called into court. Can i just not go ? Im the victim in the case

Years ago i pressed charges on my bf. One afternoon while trying to get his criminal record from court.. He was arrested. On the hearing in county he was told it was from those charges. I signed to drop the charges, but im still being called in to testify. Should i go into hearing? I just want this to end.. My husband and i have years of perfect relationship after that accident. His drug free..stable job.. We have a wonderful son ! He even supported me to finish my career as a medical assistant. I dont want this to affect our great marriage or his legal status.. For something we learned our lesson from. His lawyer kinda not in specific words told us if i dont present charges are more than likely to be dismissed. I dont know what to do. Please help us !

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1 Lawyer Answer
Jeffrey Joseph
Jeffrey Joseph
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: That question has a legal and an ethical component to it. Ethically, the State of Texas is asking you to show up to a hearing. So do you wish to show up or not based on your personal situation. That is a question you will have obviously answered above with a "no." Legally, you are only required to show up if you have been issued a subpoena. This is a formal service of process that commands you to show up to court and can be enforced by contempt. If you have not been cited with a subpoena, there is no real legal remedy to then hold you in contempt. So, to cut to the point. If you have been called to trial, but have not been cited with a subpoena, then you have to make a choice as to whether or not you want to willingly cooperate with the prosecutor. That decision must be yours and yours alone. If you fail to appear and are not under a properly served subpoena, then there is no real remedy for the prosecutor to pursue against you.

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