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What happens if a witness disobeys a subpoena in a misdemeanor case?

Mohegan Lake, NY |

I have three misdemeanors against me in a village court. One for criminal mischief (kicking a garbage can) and two for contempt for disobeying a temporary protective order (the criminal mischief and then asking the petitioner for a peaceful resolution).

If there was a non-jury trial and she didn't show up even though she was subpoenaed what is the worse that could happen to her? A fine? If so, how much?

The DA would need her as a witness.

I'd rather not have a misdemeanor on my record but I could also just plead to one misdemeanor and probably walk away. Is it worth it for me to see if the she would be amenable to helping me? I don;t want to get her in trouble.

Attorney Answers 5

  1. It sounds like you are contemplating seeing if "she" would help you by ignoring a subpoena. If that's what is being considered let me say in the strongest possible way to STOP. You will get yourself in considerably greater trouble and risk putting here in jeopardy as well. Better idea for you would be to have competent legal representation.

  2. Attorney Jones is absolutely correct.

    Please do not even consider taking any actions to interfere with the prosecution of this case. You are setting yourself up for a whole heap of trouble far worse than the three misdemeanors you are facing.

    Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

  3. You need to address this with your attorney as he/she is in the best position to evaluate your strategy.


    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  5. If the prosecutor is really intent on making her a witness, s/he can seek a material witness order. Otherwise, contempt of a subpoena penalties are not a great deterrent for not showing up. What does your attorney have to say?

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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