Often, in domestic violence defense matters, subpoena issues, service of subpoenas, and penalties regarding a witness not appearing after being served with a subpoena, play an important role in the defense strategy. Failure of witnesses to show up in court can mean that there is little or no evidence for the prosecution to present and may lead to the dismissal of the case or a reduction in charges.
Witnesses, which include alleged victims, generally have questions regarding subpoenas in criminal cases, especially in misdemeanor and felony domestic violence cases. It is common for the alleged victim in a domestic violence trial to not want to testify against the accused for a multitude of reasons.
Compelling individuals to appear in court to recall their version of the events is an essential element in the criminal justice process. To secure a criminal conviction, a prosecutor he must prove a case beyond a reasonable doubt. This includes every element of each crime charged. If even one element is lacking, the prosecutor cannot obtain a conviction for that offense. To do this, the state is required to introduce evidence that would lead a reasonable trier of fact to believe the defendant, in fact, committed the criminal offense in question. In most domestic violence cases, this evidence typically comes from the testimony of witnesses.
In order to obligate a witness to appear in court in criminal proceedings, that witness must be properly served with a valid subpoena. If you are facing criminal charges for misdemeanor or felony domestic violence, it is critical that you retain a criminal defense attorney that is well versed in subpoenaing witnesses. Contact a knowledgeable and experienced criminal defense attorney today for more information about the subpoena process for domestic violence defense matters.
If you are arrested and charged with domestic violence, our domestic violence defense attorneys are here to help. We understand that people make mistakes. Call us at (559) 258-2298 or email us today to schedule a free case evaluation with a domestic violence defense attorney at Hammerschmidt Law Corporation.