Legal Question in Criminal Law in Missouri

My husband was arrested last month for domestic violence, he is being charged with felonious assault/restraint. I suffer from bipolar disorder and was drinking heavily so my memory of the events are spotty and suspect (even to my self)...After seeing a psychiatrist and being put on medication I have decided not only to not testify against my husband but to not attend court at all. I called the prosecutor and the defense counsel with that information and have left the county while the state is continuing with the prosecution. I have received calls from an officer stating he has a subpoena for me to appear at the preliminary hearing but as yet I have NOT been served with one. The prosecutor left me a message stating that being notified of the existence of a subpoena, by herself and the officer, was the same as being served with one and that if I failed to appear I could be arrested. Also, if I were to appear, the prosecutor informed me that if I testified to anything contrary to my statement made to the victims advocate (which was later given to and copied by a police officer) I would be arrested for perjury. Is this correct?...Do I not have to be physically served with a subpoena to be bound by it?...And can I be arrested for saying something different than what is in the police statement?

Thank you.


Asked on 6/07/10, 10:31 am

3 Answers from Attorneys
Anthony Smith LawSmith

If you are questioned under oath, you can and shold testify truthfully. That can inlcude your present doubt of the veracity of your previous statements due to your psychological condition and treatment. If the prosecutor is threatening to prosecute you for a crime then you should refuse to talk to the prosector or the police about the matter anymore without legal counsel present.

Good luck

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Answered on 6/07/10, 1:57 pm
Richard Stevens The Stevens Law Firm

i agree with mr. smith's comments. i think you should visit in person with an attorney at the next opportunity.

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Answered on 6/07/10, 2:08 pm
Sean Santoro Santoro Law Office

Dear Madam,

I have witnessed domestic violence firsthand. I have prosecuted domestic violence cases. I have represented persons charged with assault.

I cannot counsel you to run from this matter. You should be represented. If you cannot afford an attorney, I would ask the judge to appoint you one. I would not counsel you to ignore a subpoena if you are properly served.

Best of luck and best wishes for a better day and for peace in your life.

Sean Santoro

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Answered on 6/07/10, 2:38 pm


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