I just received a subpoena to testify in court next month for a preliminary hearing. I will be out of the state so the date doesn't work. if I call and ask to have it scheduled at a later date, will they? Can I get in trouble if I don't show up or will they just drop the case against the defendant?to add to mr. pichlik's response, (thank you by the way) if they dismiss without prejudice, who's choice is it to refile the charges? in all honestly, I don't want the defendent in any trouble (or at least not jail time), so I would choose not to. would the state automatically refile the charges?