What happens if I have a subpoena but don’t show up for court? (Texas)?
An incident with my child’s father happens a couple of years ago(an abuse case) im honestly over the whole situation and really just don’t care anymore so I don’t want to testify. I don’t even know if I can even explain the situation because I don’t remember most of it. I’m pregnant and going through it so I just don’t wanna be bothered by this. Is there a legal way for me to get this over with without me having to testify?
If you can truly give me advice, I’m willing to answer any other questions!
I understand I’ll get arrested or fined but mentally I’m just not ready for all of this. I’ve been kept out the loop this whole time, I was never aware of anything happening with the case until now since it’s happened.
I asked the DA if I go to court and don’t remember the situation completely would that be ok and basically he told me they can put me in jail if I don’t testify “the right way”. So it’s like either way I’m screwed, if I go I’ll get arrested and if I don’t I’ll get arrested. It’s not fair.
- FoofaLv 78 months ago
Ask your lawyer if you can submit your testimony in video form.
- 8 months ago
This sounds like someone got to you and threatened you or your kids if you testify. You would not have been sent the subpoena if the DA didn't think you had helpful information. Apparently you told your side of the story before and now the DA needs you to repeat your story in court. I'm guessing what happened is this guy either beat the crap out of your or your kid or both, you talked to the cops and got him arrested but now the case has come up and they need your help putting him away.
You have to understand your not wanting to testify puts the DA in a very bad situation. Time and money has been invested in this case and the judge may have no choice but to dismiss the charges. Now if you don't show up, the judge issues a bench warrant and the cops come arrest you and you'll be booked into the jail. This causes additional expense to the court because now they have to set a new court date and try again, but this time you'll be taken from the jail to testify. If you lie on the witness stand, now you will have your own court date and have to answer to contempt of court charges. You'll go to jail and pay a fine with your child's father gets his charges dismissed.
Don't let yourself be bullied. Talk to the DA if you've been threatened. Find a lawyer for legal advice and tell the whole and correct story to the lawyer. Whatever you do don't just ignore this because it won't just go away.
- Anonymous8 months ago
You do not remember??? Someone beat the hell out of you enough to get this far and you do not remember? Just say it like it is you do NOT want to remember. Is this child's his too?
Someone even attempts to hit or beat me or any abuse I would see their assss under the jail but instead YOU want to end up in jail>
No the damn DA did not threaten you with wat to say.
PACK YOUR BAG AND GET READY FOR JAIL1
- Anonymous8 months ago
Friend if you have a subpoena to appear in court and you failed to do it there's a good chance that the judge is going to rule that you are in contempt of court and issue a warrant for your arrest. If you don't want to appear in court hire a lawyer to represent you in a court of law. Beyond that you're responsible for your own actions if you like to set in a jail cell for a full 30 days until the next court hearing happens to come up go ahead and miss your subpoena you can't bond out if the judge issues you a warrant for contempt of court you just sit there until the next hearing and there's no guarantee that it's going to be within 30 days.
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- Anonymous8 months ago
A warrant will be issued and you will be arrested. If you fail to appear a motion can be filed requiring you to pay "his" legal fees (incurred but you failed to show).
If you aren't mentally ready to testify and ARE ready to serve time in jail, don't appear. You'll still testify, but jail guards will accompany you to and from the Courtroom.
And the truth of this is that women just like you who file a complaint and then refuse to testify put all other abused women in a very bad spot, and due to your cavalier attitude, other women won't get any legal protection when they are abused.
Great news that you're pregnant again. Not.
- SlickterpLv 78 months ago
They can put out a warrant for you.
- blankLv 68 months ago
Commenting after your second update. If you testify, you can only be put in jail if you refuse to answer questions on the stand (contempt) or you lie on the stand and the DA can prove it (perjury).
Reading your story, it sounds like you may have been a witness or the victim: in that case I would make every effort to get to court and do what I honestly could to keep the abuser off the street and from doing it again (sounds like to someone else, since it seems you have moved on).
Get on the stand, tell the honest truth, even if that is - I'm sorry, I don't recall - it has been 2 years. Victims and witnesses do forget and that is not a punishable crime - just don't "fake it" for your convenience. Help bring the abuser to justice if you can.
- MaxiLv 78 months ago
A subpoena is an order from the court, it isn't a request.......... so if you don't show up you are in breach of a court order, will be arrested and have to face the court and explain why you think you are above the law and face any penalty the court sentence you to
- Max HooplaLv 78 months ago
You can be arrested for contempt of court.
- yLv 78 months ago
Are you a witness or the one accused? Because your tale almost makes me think you are testifying to seeing or being abused but it almost also sounds like, you are the one being charged and such. If you are the one being charged, investigated, you have to go, no question about it, if you don't go they will issue a bench warrant for your arrest.Then you'll go to jail and to court.
If you are a witness they may or may not issue a bench warrant, but there is nothing that says if you testify, you can't simply say I don't recall, I don't remember. it's all faded away now.