Will You Get Arrested if You Don't Show Up when Subpoenaed to Be a Witness

[fstep2]

What is the name of your state (only U.S. law)? My question involves criminal law for the state of: NJ

Long story short my aunt is going through a rough divorce, they got in a fight, my uncle got arrested and has to show up for domestic violence charges which would ruin his life. If my aunt just don't come to court and says she never got the letter what will happen?

 

[justalayman]

If she was issued s subpoena, yes, she could be arrested and charged with contempt of court.


I actuslly met a kid that had been arrested for that same thing (not New Jersey though) He was in jail about a week last I knew.

 

[CdwJava]

It's also possible they will continue the matter until your aunt can be properly served, or, until she is picked up and held in custody until the next court date.

It is common that abuse victims will act in a manner that will protect their abusers - even when they risk jail themselves.

Remember, your uncle did this to himself. HE is the only one to blame for what happened.

 

[fstep2]

If she was issued s subpoena, yes, she could be arrested and charged with contempt of court.


I actuslly met a kid that had been arrested for that same thing (not New Jersey though) He was in jail about a week last I knew.

what can she say if she doesn't show up so he gets off

 

[OHRoadwarrior]

The truth, the whole truth and nothing but the truth. On the other hand, she could plead the 5th or spousal privilege if allowed.

 

[Ohiogal]

The truth, the whole truth and nothing but the truth. On the other hand, she could plead the 5th or spousal privilege if allowed.

Spousal privilege does NOT apply to domestic violence cases.

 

[TigerD]

Spousal privilege does NOT apply to domestic violence cases.

Varies per state.
In Missouri, a battered spouse may choose whether to testify or not. The State cannot make him or her.

TD

 

[quincy]

New Jersey v. Mauti: http://law.justia.com/cases/new-jersey/supreme-court/2012/a-48-10.html

"Absent a valid excuse, a person who does not comply with a subpoena to testify may be held in contempt. The exercise of a valid testimonial privilege constitutes an adequate excuse."

 

[justalayman]

The truth, the whole truth and nothing but the truth. On the other hand, she could plead the 5th or spousal privilege if allowed.

I haven't checked op's state but spousal privilege is specificallly removed in some states and if pleading the 5th they will likely be given immunity to prevent that allowance.

 

[quincy]

I haven't checked op's state but spousal privilege is specificallly removed in some states and if pleading the 5th they will likely be given immunity to prevent that allowance.

See the case I provided the link to above, from the New Jersey Supreme Court.

 

[justalayman]

That was not a domestic violence charge but from the same case


The rules of evidence recognize two marital privileges that protect the tranquility and sanctity of marriage. The marital-communications privilege, N.J.R.E. 509, protects confidential communications made during a marriage. It is not at issue in this case. The spousal privilege, N.J.R.E. 501(2), provides that the spouse or civil union partner of the accused in a criminal action shall not testify in such action, except to provide the fact of the marriage or civil union, unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or (c) such spouse or partner is the complainant. Unless one of the exceptions applies, all testimony is barred except that bearing on the fact of the marriage. (pp. 16-20)

 

[quincy]

I think I mixed up Joanne and Jeannette so the portion you quoted from the case is a more applicable one, justalayman. When the victim in a domestic violence case is a spouse, the marital privilege in New Jersey does not apply.

 

[dave33]

What is the name of your state (only U.S. law)? My question involves criminal law for the state of: NJ

Long story short my aunt is going through a rough divorce, they got in a fight, my uncle got arrested and has to show up for domestic violence charges which would ruin his life. If my aunt just don't come to court and says she never got the letter what will happen?

If service cannot be confirmed....Nothing.

 

[justalayman]

If service cannot be confirmed....Nothing.

One might want to check the rules of valid service before tossing such advice out there.

More than likely there will be contact by the prosecutor prior to the trial. It is implausible to believe the Mrs will be able to argue no valid service.

 

[dave33]

One might want to check the rules of valid service before tossing such advice out there.

More than likely there will be contact by the prosecutor prior to the trial. It is implausible to believe the Mrs will be able to argue no valid service.

Agreed. IF he was ordered to appear from a face to face meeting with the prosecutor or any other officer of the court that would suffice for confirmation. Maybe such a meeting was omitted in the original thread. What I suspect may be the case is that the letter may be the only service so far and if she is a no show than the trial or pre-trial day may be postponed until service is confirmed. It may also be possible that if there are no witnesses than the charges may be dismissed. Those are only two of many possible resolutions to this scenario.

I would still say going by the limited information originally given, it's unlikely at best that only an ignored letter will result in criminal action.

Although I will concede, anything is possible.