Legal Question in Criminal Law in New York

Failure to Respond to a Subpoena

I charged the father of my children with assault (3rd degree), and it has since gone to trial. I was ''served'' with a subpoena to appear as a witness. Since the assault, I have had a change of heart, and do not wish to press charges. What is the maximum and minimun penalties that I can be charged with for not appearing as a witness on the date that I am commanded to? Also, the subpoena was simply taped to my door, not actually served to me in person. Would this help me? Thank you.


Asked on 12/18/03, 3:31 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Failure to Respond to a Subpoena

In such a case, (family dispute) it depends on your injuries. if you are relatively un-injured, then just talk to the DA and ask that the charges be dropped.

If the DA refuses, then just go to court and ask the defense attorney to bring out bour testimony that you now think it was abad decision to involve the police.

It is a bad idea to invite a warrant for your arrest by ignoring the subpoena.

if you have been seriously injured, then you must talk with a women's defense organization. They are very knowledgeable.

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Answered on 12/19/03, 5:45 pm


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