MustI apear in court as the complainant in a misdemeanor case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
MustI apear in court as the complainant in a misdemeanor case?
I am the complainant in a misdemeanor case filed against my neighbor for a dog attack in which I was not bitten-but received injuries as a result of protecting myself from being bitten. I would like to know if I did not appear in court for the misdemeanor case, would the case be thrown out? And are there repercussions for me not appearing in court?
Asked on November 1, 2010 under Criminal Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you have not been subpoenaed, then no you do not have to appear. Although the states' case will be stronger with your testimony. in fact, if your testimony is not given, the DA may refuse to go forward with the case and dismiss it. But there is not guarantee that this will happen. If you have been subpoenaed to appear, yes you must go to court. A subpoena compels the person served to comply with whatever is requested in the subpoena. Therefore if a person is compelled to testify in court or other legal proceeding, they are under a legal obligation to do so. Failure to comply with a subpoena is a criminal matter for which there are penalties, including fines and jail time.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.