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If I dont show up for court as a witness will the charges be dropped against him? does it help that the cops filed three differe

Tacoma, WA |
Filed under: Criminal charges

reports, and that I was not the one who called the cops and there were no witnesses other than me?

Attorney Answers 4

  1. It depends on whether you were personally served with a subpoena by an officer or someone that is at least 18 years of age OR was the subpoena sent through the mail. Additionally, whether or not you wrote out your statement to the police or he wrote it out and you signed it. Was it written or just verbal info to the police.

  2. Did you make any statements to police earlier? Especially any at the time of the crime? There are ways for the prosecution to allow police testimony as to what you said. Also, they may subpoena you and have the sheriff's office escort you to court if you do not cooperate.

  3. This questions is nearly impossible to answer without knowing more specifics about this case. If you are served with a subpoena and found to be a material witness to the case, the court could issue a material witness warrant for your arrest. If arrested on that, you would then, in theory, be brought to court by law enforcement after arrest. The prosecution may also attempt to introduce statements you made to law enforcement even if you do not appear in court, which they may be able to do in a limited set of circumstances. If there is a confession by the defendant and some form of evidence supporting that (e.g. photos of injuries, medicals, photos of damage, etc.) the prosecution may also be able to proceed forward. It also sounds as though at least one other person was involved if you were not the one who called law enforcement and, depending on what is on the 911 recording (if there is one), that may be admissible as well.

    So, the short answer is simply not showing up for court does not necessarily mean the charges will automatically be dropped.

    Jeff Holmes - Attorney at Law - - 360.975.9288. Disclaimer: This answer does not constitute legal advice. This information is based on general principles of law, as well as my general experience that may or may not relate to your specific situation. This information is not meant to take the place of actually consulting an Attorney in your jurisdiction. If you would like legal advice, I would recommend consulting an attorney in your locale.

  4. You may retain your own lawyer to advise you what your options are depending on whether the service of the subpoena was done according to rules. Your lawyer also may be able to analyze the case and/or consult with his lawyer to see whether your absence will defeat the prosecutor's ability to prove the case. His lawyer may not advise you. These questions require a very specific analysis of the facts, and this forum is not a good place to do that.

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