Q: How do I get out of a subpoena? I feel like I am being forced to talk against someone I did not press charges on.
My boyfriend and I were both under the influence and fought. My mom was involved. Things got physical but no one pressed charges. He was charged with 2 2nd-degree assaults. My mother and I were both mailed a subpoena but we want no parts.
A:
This is not a sufficient reason to get out of a subpoena. If you have been subpoenaed to court, you must appear. If you do not appear, the police could come and bring you to court or you could be found in contempt. This does not happen in every single case, but it could happen here.
The fact that you did not file the charges does not excuse you from the subpoena.
A: You and your mother are required to appear in court pursuant to the subpoena or face the potential of being seized by the Sherrif's department pursuant to a "body attachment" issued by a judge, should the State request such an order. As a practical matter, however, and subject to the severity of the alleged assault(s), an alleged victim's failure to appear, pursuant to a subpoena, may simply lead the prosecutor to dismiss the case due to insufficient evidence. However, provided that you do appear as required, if your potential testimony could include incriminating statements that might incriminate you as an "aggressor" who started the fight, you can discuss with the prosecutor your desire to invoke your 5th Amendment rights against self incrimination, as you cannot be compelled to offer testimony that might subject you to a potential criminal charge. The same scenario, subject to specific facts undisclosed in your post, might equally apply to her.
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