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Will I go to jail if I don't show up to testify against my boyfriend even though I dropped the charges?

Beaumont, TX |

my boyfriend and I got into an argument and he shoved me, I called the cops and he was arrested. But I dropped the charges. His court date is coming up, will I get introuble if I don't show up. I haven't gotten anything in the mail saying I had to go. Only a phone call from some lady trying to get me to show up. She didn't say anything about what would happen if I didn't show up.

Attorney Answers 5


  1. I do not believe your attendance in court would be required simply based upon someone asking you to show up or attend. Now, the District Attorney's office in your county can request that a subpoena be issued to formally summons you to the hearing or trial. If you are served with a subpoena and you do not show up for the hearing then the District Attorney can request that a Writ be issued in which they could send a constable or law enforcement officer to go and physically bring you into court. Your level of cooperation obviously in your own personal decision from that point forward.


  2. You did not drop charges. You might have informed the prosecutors' office that you do not want to pursue prosecution but it is not your choice. Once you called the police, it was out of your hands. The State alone has the decision on whether or not to prosecute.

    If you receive a subpoena, you must appear. If you only received a call, then you do not have to appear. You do not have to participate in interviews and you do not have to return or accept calls. But, if subpoenaed, you must appear and if called, you must testify. If you do not, the judge can hold you in contempt & put you in jail.

    Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.


  3. The above answers are very good. Even if you signed an Affidavit of Non-Prosecution, the state still has the ability and authority to try to prosecute your boyfriend. And, if you do get a subpoena, definitely make an appearance! You don't what to go to jail for that and it's not something that will just "disappear" if you ignore it. Best of luck.

    This answer is intended for informational and educational purposes only and should not be considered legal advice nor constituting an attorney-client relationship. This attorney is licensed in Texas.


  4. The above answers are very good. Even if you signed an Affidavit of Non-Prosecution, the state still has the ability and authority to try to prosecute your boyfriend. And, if you do get a subpoena, definitely make an appearance! You don't what to go to jail for that and it's not something that will just "disappear" if you ignore it. Best of luck.

    This answer is intended for informational and educational purposes only and should not be considered legal advice nor constituting an attorney-client relationship. This attorney is licensed in Texas.


  5. If the District Attorney's office issues you a valid subpoena, then you "must" go to court. I put "must" in quotations, because most District Attorney's Offices won't actually go arrest you for not appearing, but I wouldn't play those odds - I'd discuss the case with the DA and simply insist on them dropping the charges. This'll make your life much easier. However, if they guy did it, then don't back down just to be nice. Chances are - he'll do it again if he's done it once.