Q: If I ignore a subpoena, will I get in trouble? I wasn't there but I was the one who called 911.
Its a domestic violence case, I was not there but was on phone with victim, call got dropped and no answer when I called back, so I called the police.
A:
What a great question! And what an unbelievably common question in domestic assault and battery cases. Just about any criminal defense attorney will have a story about victims having a change of heart and wanting to stop this speeding train of prosecution against the father of their children or some other similar scenario.
The bottom line and quick answer is, yes, there is a misdemeanor statute under which someone could be arrested and prosecuted for disobeying a subpoena. My suggestion would be that you contact a criminal defense attorney of your choosing and ask them the very same question.
In this humble criminal defense attorney’s experience (32 years of practicing criminal law) I have never once received a call to represent a “victim” for the misdemeanor charge of disobeying a subpoena, but I’m sure it happens from time to time.
The bigger question would be how likely would victims be to come forward in cases of this ilk where they know they could potentially be arrested and prosecuted criminally if they experience a change of heart…or are scared to testify in a courtroom…or decide not to cooperate in an effort by the government that might ultimately result in putting daddy in prison or jail? Again, contact a criminal defense attorney. Best of luck! Merry Christmas!
David A. Cincotta agrees with this answer
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