Legal Question in Criminal Law in Michigan

Re: Subpeona

If you have been served with a subpoena (which is a court order to appear), then your failure to attend the court hearing can be deemed "contempt of court". But, the prosecutor generally has to ask the court to sanction the missing witness. That doesn't always happen.

If the prosecutor does request that you be held in contempt of court, and proves to the judge that you were served, then the judge will issue a "show cause" order, commanding you to appear in court to tell why you did not show up for the trial. If your reasons satisfy the judge, you could avoid receiving a sanction. But, if they don't, then you can be held in contempt of court and face fines or a jail sanction.

I don't think that your religious beliefs are a legitimate reason to disregard a subpoena. Likewise, whether or not you are "afraid" of your husband is not an excuse to not attend the trial.

The prosecuting attorney is the chief law enforcement official in the county. His/her office decides which criminal charges to issue, not the victims. Victims or witnesses cannot be given the power to "veto" a charging decision with impunity. If they could, then the statutory power of the prosecuting attorney would be severely undermined.

Re: Subpeona

I have never had a client's spouse receive any penalty for not honoring a subpoena in a spouse abuse matter. It does delay the case, however, because the judge will usually grant an adjournment so that the witness can be called in to talk to the judge about her reasons for not appearing.

I can imagine few things more devastating to a marriage then having a spouse forced to testify against her husband when there is no issue of physical harm involved.

I simply do not believe that the State of Michigan has any right to interfere in your marriage.

In domestic abuse cases which were dismissed, the wife does honor the subpoena and then tells the judge that she will not testify against her husband. Again, no penalty was assessed.

If you wish any assistance in this, you can reach me @ 248-680-1133.