Legal Question in Criminal Law in Texas

if i have simple assault against someone that was really a misunderstanding that happened 2 years ago and i don,t stay no where near there & it's not worth losing my job over or the hassle, but the prosecuter says i have to be there or a warrant will be issued for my arresst, but i dont want to testify against my kids mother because they are with me now it can only hurt our sitution not help. Can the prosecuter threaten me as such & can they issue a warrant for me just because i dont want to testify?


Asked on 1/17/10, 7:56 am

1 Answer from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

If you are properly subpoenaed under Texas law and fail to appear, the court can fine you up to $500 in a felony case and up to $100 in a misdemeanor case. If you don't show, the State can ask for an attachment to issue and you can be placed into custody It is not the same thing as a warrant (because you haven't been accused of a crime), but an attachment operates in the same way as a warrant and gives law enforcement a similar power to detain you. I can't tell you whether or not this prosecutor will do this in this particular case though. I'd recommend that you call a local criminal defense attorney to discuss this matter.

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Answered on 1/22/10, 8:56 am


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