Do I have to testify against my boyfriend in a domestic case in Polk County FL. I dropped all the charges. State is prosecuting.

Asked almost 2 years ago - Lakeland, FL

I dont want to testify, already signed a waiver to testify, Took the domestic class and was under the impression that I didnt have to testify, I just got a letter saying I am commanded to... is this a scare tactic or am I required by FL law?

Thanks

Attorney answers (3)

  1. Eric Joseph Dirga

    Contributor Level 12

    3

    Lawyers agree

    Answered . A subpoena to testify is a court order. To disregard a court order you can be charged with contempt of court. Understand that these subpoenas are auto generated for all cases that are charged and therefore the case against your boyfriend may still be dismissed after everything you have done.

    Please do not construe any information provided here as legal advice. No attorney-client relationship is created... more
  2. Jonathan Hackworth

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Mr. Leone made a very important point, the State Attorney's Office determines whether criminal charges are dropped, not the victim or witnesses. While this is true in all criminal cases, domestic violence prosecutors seem to take this situation even more seriously presumably given the nature of domestic violence and the unique relationship between the alleged victim and defendant.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  3. Andrew M. Leone

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Mr. Dirga is correct. Also, its the State's decision whether or not to drop chargrs, not yours.

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