What can I do if I was a victim of malicious wounding and subpoenaed to court but I don’t want to testify?

UPDATED: Jun 8, 2017

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What can I do if I was a victim of malicious wounding and subpoenaed to court but I don’t want to testify?

My girlfriend cut me and I called the police and was hospitalized.

Asked on June 8, 2017 under Criminal Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As you may already know at this point, whether or not to drop charges in a criminal case is up to the prosecutor, not the victim. If there is enough other evidence to support a conviction, then the case can still go forward even without the victim's cooperation. Further, since you haave been subpeonaed to testify, if you do not appear in court this will become a criminal matter and you could have a bench warrant issued for contempt and face fines and/or jail time.

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