Legal Question in Criminal Law in Texas
If you are a victim in a criminal case, do you have to testify if you have filed an affidavit with the police department and another one for non-prosecution with the prosecutor?
Asked on 6/20/12, 2:16 pm
2 Answer from Attorneys
M. Elizabeth Foley
The Law Office of M. Elizabeth Foley
You do have to testify if the DA decides to proceed to trial (which they can do whether you want that to happen or not), and they have you served with a subpoena requiring you to come to court. If you refuse to obey the subpoena, the court can have a deputy go pick you up and/or hold you in contempt (put you in jail for failing to obey the subpoena).
Answered on 6/20/12, 6:37 pm
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