Legal Question in Criminal Law in Washington

Re: Obligations, & rights : Subpoena to appear as witness Ct.1 DV, Court order v

If you are served a subpoena, you could be held in contempt of court if you fail to appear. The key is �served� a subpoena � receiving one in the mail is not necessarily enforceable. Usually the police or sheriff come to your door and hand the subpoena to you. So unless and until you are served, you�re under no obligation to appear as a witness.

But that being said, you really need to let the prosecutor know your feelings about not wanting to participate in this trial any more. Most prosecutors have Domestic Violence Victim/Witness Advocates who handle these matters. These are usually non-lawyers who work as liaisons between witnesses and the prosecutor.

It is fairly common for witnesses in DV-related cases to not want to participate in the trial. But in this state the prosecutor decides if the charges are dropped and not the victim. Even without your participation, the case may still go forward. There is a way under the state�s rules of evidence for your original police statement to be used in court in your absence, a so called �Smith Statement�. This is something you should ask the Domestic Violence Victim/Witness Advocate about if you call them.