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

Lakeland, FL |
Filed under: Domestic violence

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

Posted

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 by answering these questions. Therefore, anything you write here can possibly be used against you, so be careful what you write. Contact an attorney to discuss your case further in the proper consultation setting.

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Posted

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

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2 comments

Asker

Posted

Even if I waived my right to testify and took the required domestic class, can they make me testify? Also it came in the mail? Is that a real subpeina?

Andrew M. Leone

Andrew M. Leone

Posted

Its a real subpoena. They can make you come to court, but often times they drop cases with uncooperative victims. They still could drop this one too.

Posted

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 advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions

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