If I am a domestic violence (DV) victim, what happens if I
don't show up?
In some situations, a criminal
domestic violence case may be dismissed if the victim fails to
appear in court on the scheduled
trial date. In other cases,
a prosecutor may have sufficient evidence to proceed with the case even
without the victim. Either way, failing to show up at a court
hearing for which you have been subpoenaed can cause you problems,
whether you are a victim or just a witness.
Under Utah law, if you have been served with a subpoena requiring you
to appear or testify in court, you can be held in contempt if you fail
to appear as required by the subpoena. Utah law gives a judge
power to impose a fine or even jail time as a sanction for contempt of
court.
If
you are a defendant in a Utah criminal case, you should never say or do
anything to discourage a victim from appearing in court.
Doing so
can result in an additional felony criminal charge of witness tampering.
If you are listed as a victim in a Utah criminal case but you do not
want to pursue the charges or testify in court, you should consult with
an experienced
Utah criminal
attorney regarding your rights as a victim. Based in
Salt Lake City, Stephen Howard offers legal services to clients throughout Utah.
Contact us now to
schedule an initial consultation with Utah lawyer
Stephen Howard.
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