Legal Question in Criminal Law in Florida

Felony battery, the witnesses don't want to go to court

I was charged with felony battery after an altercation with an individual at a bar. I was never arrested, and the two witnesses were the victim and my ex-girlfriend. However, my ex girlfriend, and her new boyfriend contacted me and said they don't want to go to court. I've done some research and found that if they are issued a subpoena, and they do not show up, they may be held in contempt of court.

My attorney said that it would be unlikely that they would be held in contempt if they just didn't show, and that my case would be dropped. But that would mean that I would still have to miss a weeks worth of work and sit in court the whole time just to get to my case.

Would it be better if they contacted the state attorney and told them that they weren't interested in testifying? Would that decrease the likelyhood that they would be held in contempt? Rather than telling the state attorney that they didn't want to testify, would it be better for them to say ''we realized afterward it wasn't him,'' like they would give counter-productive testimony?

I know I'm not supposed to have contact with the victim, and I haven't, only my ex, and she contacted me.


Asked on 8/08/08, 3:23 pm

1 Answer from Attorneys
Fleet Tilden TildenLaw

Re: Felony battery, the witnesses don't want to go to court

My answer is based on my assumption that charges were filed. I would not recommend suggesting to any witness in a active prosecution to change their testimony if the result is giving a false statement. It likely will not matter to the State whether a witness/victim does not wish to testify since the State often forges ahead without regard if the facts merit prosecution. Speak with your current attorney for more specific details regarding this due to his/her particularized knowledge of your case.

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Answered on 8/08/08, 8:44 pm


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