Legal Question in Criminal Law in Virginia

Will the court throw the case out if I don't show up? I suppose to go to court and testify against my boyfriend for DV.. I don't have a ride to get to court I called to court I talked to a lady I told her I don't have a ride she said she don't no what the judge gone do.. I don't want to get locked up for not showing up.. My boyfriend didn't even hit me the police they did everything own there now what I'm going to do what going to happen? Well they let him out today if I don't show up I hope so.. Please help I just want this to be dropped and over with..


Asked on 7/26/11, 7:17 am

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

If you have been "served" with a subpoena, an official document, to be there in court, then you must show up. You could get in trouble if you defy a subpoena. However, this would have to be a formal document given to you by a Sheriff's deputy or private process server.

If you are the complaining witness, and you are not interested in pursuing the issue, then the prosecutor will probably drop the charges. Although the prosecutor can make his own decision and does not have to drop the charges, they often do follow your request. So if you are not interested in prosecuting the case, then the prosecutor will probably drop the case.

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Answered on 7/26/11, 11:34 am
Michael Hendrickson Law Office Michael E. Hendrickson

If you've been properly served with a subpoena as described by Mr. Moseley to appear as a witness for the Commonwealth at your

boyfriend's scheduled trial and fail to do so, the prosecutor may

ask the judge to issue what's called a Rule Against the Witness which

(once served upon you) would require you to come to court to account to the judge for your failure to appear at the trial and with the possibility that you could be found in contempt and subject to sanctions/penalties for your failure to show up as required by the subpoena.

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Answered on 7/26/11, 1:22 pm


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