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  1. #1

    Default Ignoring a Subpoena

    I have been subpoened by the DA to testify against my spouse in a domestic battery case, and this is in Illinois. I really don't want to do that. Both my spouse and myself have a clean record, and this incident has been a giant, unfortunate misunderstanding fueled by alcohol. And things like that never happened before. I asked the DA to dismiss case but he wouldn't.

    I just want the whole thing to go away and go on with our life.

    Hyperthetically say if I don't show up, what is most likely to happen to me? I don't want my spouse to go to jail, and I certainly don't want to go to jail myself or leave a criminal record for contempt of court.

    Any advice is appreciated.


  2. #2
    Join Date
    Mar 2005

    Default Re: Ignoring a Subpoena

    If you are subpoenaed and fail to appear in court, it is conceivable that a bench warrant will be issued for your arrest.

  3. #3

    Default Re: Ignoring a Subpoena

    Quote Quoting aaron
    View Post
    If you are subpoenaed and fail to appear in court, it is conceivable that a bench warrant will be issued for your arrest.
    Aaron - thanks for your quick reply. I have a followup, hope you don't mind, again this is all hyperthetical - what is the penalty for no show, and does it leave one with a criminal record?

    Thanks again!

  4. #4
    Join Date
    Oct 2007

    Default Re: Ignoring a Subpoena

    Great question I was in the same boat you were in I did not want to testify they said they had no case without my testimony. So I was not going to go but I had no idea what the consequenses were either. Then they ended up doing a plea deal sounded great no jail imposed sentence which would have been 1 year in county and work release. Well---- he got sentenced last week and the judge did not go by the plea agreement or deal whatever.... he gave him 3 years in prison and 3 years extended and then to top it no contact with me for the whole time what kind of stuff is that.... we are married and 4 kids together for goodness sake..... I don't know what to do....... this really stinks

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