Legal Question in Criminal Law in California

am the victim in a domestis dispute that ended with a stab wound. She s in jail , i did not press charges but the DA sopena me to go to court as a witness. I told the investigators i want nothing to do with the case . do i have to say the same in court ? What are my options if i don t want anything to do with this case ?


Asked on 3/22/16, 7:15 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Assuming you were properly subpoenaed, your options are very limited. Whether you have any, and what they are, will depend on the specifics of your case.

Whether to prosecute someone is the D.A.'s decision, not the victim's. Many victims in domestic-violence cases ask the D.A. to drop the case, and the answer is usually no. It might be yes in your case but, as I said, that will depend on factors I can't evaluate.

If you don't go to court despite a subpoena, you should expect a visit from law enforcement officers who will show you a warrant and offer you a ride. They will not take no for an answer. You also risk being held in contempt of court.

The same is true if you refuse to testify once you're there. It's not optional. The purpose of a subpoena is to compel the witness to testify, whether he wants to or not. So telling the judge you want nothing to do with the case won't get you excused.

There may be reasons why you don't have to answer particular questions but, here again, they will depend on the specifics of your case. For example, you can't be forced to incriminate yourself. If you and the defendant are married there might be some questions you won't have to answer, but the privileges that normally apply to such testimony often don't apply in domestic violence cases.

You should discuss your situation in detail with a lawyer asap. And you should be prepared for answers that may be very different from the ones you're hoping for.

Good luck.

Read more
Answered on 3/22/16, 7:58 pm


Related Questions & Answers

More Criminal Law questions and answers in California