If subpenoaed must I apear and testify?

UPDATED: Oct 1, 2022

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If subpenoaed must I apear and testify?

I’m being subpoenaed to go and testify against my boyfriend regarding a domestic violence chrge. However, he did not hurt me and I want the charges dropped.

Asked on October 1, 2017 under Criminal Law, Connecticut


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

Answered 5 years ago | Contributor

First of all, a subpeona is a court order to appear. Failure to do so can lead to fines and possible jailtime. Accordingly,, you need to show up. Further, in a criminal case, only the stae can drop the charges, not the alleged victim. The fact is that if there is other evidence to support a conviction, then the state will proceed with the case. Consequently, while the victim's cooperation would be helpful, it is not always necessary. 

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