Its a DV case and I was subpoened and I don't want to attend this court hearing against my boyfriend.. What could happen if I don't appear? Or could i say I plead the 5th?
A subpoena is only valid if you returned the waiver of service by mail or if you were handed one in person. If you were simply mailed a document and did nothing, you have not been served. A subpoena is a court order requiring you to attend the hearing, but it is only as good as the party enforcing it. DA' do not usually ask for subpoenas for alleged victims in domestic violence cases that do not appear at trial. However, if you do appear you will most likely not be able to assert a 5th amendment right to remain silent. That is reserved only for those that have a credible fear of admitting to committing a crime..
I suggest you contact a defense attorney for further advice or contact your boyfriend's attorney and let him/her know your concerns.
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