Chicago, IL asked in Criminal Law for Illinois

Q: If summons to court if I no longer wish to press charges do I have to testify against husband?

Me and my husband had an domestic incident and I had him arrested. I recieved a letter of summons stating I must appear but I am legally married and I dont want to press charges nor testify against him since I think he is also being charged with resisting arrest

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1 Lawyer Answer
James G. Dimeas
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James G. Dimeas
Answered
  • Criminal Law Lawyer
  • Schaumburg, IL
  • Licensed in Illinois

A: If you received a subpoena, then you must appear or else you could be held in contempt of court and arrested. When you go to court you should talk to the prosecutor and make your wishes known. The ultimate decision on whether to proceed with the Domestic Battery will be made by the prosecutor since they filed the charges. If he is also being charged with another crime, your opinion may not matter to the state. Talk to the prosecutor when you go to court.

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