Legal Question in Criminal Law in Illinois

I recently had a physical altercation with my boyfriend may 23 I ended up getting a restraining order It was only suppose to last for seven days a states attorney picked it up as a domestic I have not once showed up to any court dates so they took it to trial after the attorney assured me it would be dropped Today I got a letter in the mail it says Notice To Appear on top do I have to go to court is that considered a subpoena


Asked on 8/26/10, 6:18 pm

1 Answer from Attorneys
Purav Bhatt The Law Office of Purav Bhatt

If the letter indicates that your failure to report to court on the date and time listed will result in possible criminal contempt charges against you, then yes it is a subpoena. Generally, a subpoena will have a title that reads something like "Subpoena to Appear" and will be certified by the clerks office or the state's attorneys office.

Technically, the state's attorney can proceed with the case without you, however, they don't have much of a case if you do not wish to testify against your boyfriend. If you tell the state's attorney you do not wish to prosecute, they will likely dismiss the charges.

good luck and feel free to call if you'd like to talk about the matter more.

Purav

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Answered on 9/02/10, 4:27 pm


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