Legal Question in Criminal Law in Pennsylvania

please help me

I was a complaining witness against my spouse in a domestic battery case and was subpeona'd by the da. I did not show up and the da requested the judge to hold me in contempt and she wanted a continuance with 2 hearings..one for my contempt and the other for the battery case. The judge did not answer her request but said he will postpone the trial and that I should be subpeonad again and if I didnt show then will be arrested.

Does that mean he did did not hold me in contempt as he didnt say anything about that in open court? or he can change his mind later and charge me?

Also I have left the state in order to dodge the subpoena. Can the da find me and subpoena me if I keep a low profile or she doesnt have jurisdiction in any other state? With a contempt charge will it be hard for me to leave the country? Can a lawyer handle this case in my absence, Ive heard its only a fine.

Also if the da didnt go to trial in my absence, does that indicate her case is weak without me and can she go to trial the next time?


Asked on 4/21/06, 10:02 am

2 Answers from Attorneys

Re: please help me

You have a number of questions involving subtle and complex areas of practice. If your case is in Philadelphia, please call me directly or email me directly and I will walk you through all of this step by step (free of charge). If your case is outside of Philadelphia, you should open the yellow pages and contact a local criminal defense attorney. The reason I'm saying that is because these questions are very county-specific and very judge-specific.

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Answered on 4/21/06, 10:39 am
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: please help me

I'm sure you probably have worked out your issues with your husband, unfortunately by contacting the police they were required to file criminal charges. Here's where it get difficult for you....if you don't appear before the District Justice you will be arrested and possibly go to jail not only for contempt but possibly filing a bogus police charge. However, if you do appear and testify your husband will more than likely be convicted.

Best bet, call my office in Monroeville and set up an appointment so that I can give you your options. Specifically, what to and what not to do...failure to respond will only lead to you going to jail.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law, PC

412.731.0865 (Office)

www.Alleghenyattorneys.com

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Answered on 4/21/06, 11:39 am


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