Legal Question in Criminal Law in Florida

If a person has been properly subpoenaed then that is a court order requiring them to appear for court. However, this requires proof that the person has in fact been served the subpoena. In order for a person to be held in contempt, there would have to be a hearing first in which it is established that the person knew about the subpoena, was served it, and willfully refused to come. Most of the time, however, the State is unwilling to seek a victim to be held in contempt for fear of "revictimizing the victim." Nonetheless, the prosecutor may still try to force the person to come to court. The sworn police affidavit is not enough and cannot be introduced in a trial to convict the defendant. In a case like this, the victim must testify.

Anyone subpoenaed is required to appear in court as that is a court order and by refusing it, they risk contempt. However, if a prosecutor, for example, decided not to pursue contempt charges, as they often do, then that is their choice. In light of the potential problems you should discuss this with an attorney. As far as picking up new charges, the State Attorney can begin a case on an affidavit alone and in fact that is almost always how a case begins. It's just that they can't convict on the affidavit alone. The officer must testify as a defendant has a right to face his accusers.