Legal Question in Criminal Law in Missouri
Subpoena issued to me
I was issued a subpoena & do not want to go. The charge is domestic abuse & I was the victim. What would happen if I don't show up? Some say a warrant for my arrest, contempt of court & others say the case would just be dismissed. I live in Missouri. Thank you.
1 Answer from Attorneys
Re: Subpoena issued to me
The Subpeona you got is a command from a court to appear. If you fail to do that you violate that command. The result or punishment for that violation is a varied as the reaons for wanting you there. At minimum, if you are a material witness, the charges against the defendant may be dropped or dismissed for lack of evidence. The case may jsut be Continued and you will be served a new subpeona.
If the case is dismissed, and the defendant abuses someone in the future, the news media may pick up on it and ridicule you in public and/or blame you for the future abuse.
There is a slight chance that criminal charges may be filed against you for filing a false claim, if the prosecutor believes you abused the system. There is also a slight chance that the court may find you in contempt if you refuse to appear. That is up to the judge.
If you hesitate to appear and testify because you fear for your safety, it is worth noting that almost all courts in Missouri have a means of protecting a Domestic violence victim/witness. They vary in their programs. if you are afraid, contact the prosecutor's office or any of hte crime victim's advocacy agencies in the state.
It is generally never good to ignore a summons or subpeona. However, the likely result of your failing to appear will be to make prosecution of the defendant more dificult, and conviction less likely. Should you fail to appear, you may suffer criminal consequences and the abuser will be less likely to fear doing it to you again.
Good Luck
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