I am a victim of domestic violence, but since the incident I have reconciled with my husband. He was diagnosed with PTSD because he is a two time combat veteran. He is seeing a great psychiatrist at Hines who has him on meds, taking anger management classes and alcohol classes. The state is pursuing charges, and wants me to testify. I have made it perfectly clear to the prosecutor that I do not want to do this. I feel he has made tremendous strides to rehabilitate himself, but she wants to see him in prison…her words. We live in a small community and I personally went to school and worked with this prosecutor, I feel she is doing this more for her own satisfaction than my benefit. She has told me she will have me arrested if I do not show up to court. I have not yet been served with a sub
The prosecutor serves the people, not a single individual (ie, you). That is why they do not have to listen to you. Not much you can do, as prosecuting this is up to her. If this were a big city, the odds of having the sheriff drag you in would be low. But since it's a small county, I would take the threat as being very real.
If you intend on fighting this to the bitter end, talk to an attorney in your area who is familiar with the court's customs in this matter.
Well if there is no subpoena served on you I do not know how she will have you arrested. It sounds like your husband is trying very hard to correct his behavior. Are you getting any counseling yourself? Victims also need help so they do not continue to be victims. If you at subpoenaed you will have to appear and tell the Judge you do not wish to testify. It would help to bring your own attorney with to speak on your behalf. Your husband's attorney cannot do that.
Daniel G. GalivanCriminal Defense AttorneyClarendon Hills, IL ·
The prosecutor can only have you arrested if you have been served with a subpoena and you failed to appear in court. While they can make you appear and testify, they cannot control what you have to say. So unless you have signed a written narrative of the events that the state can introduce (assuming your in-court testimony is INCONSISTENT with the statement) they will have to depend on other evidence to support a conviction (like an admission by your husband?). Maybe the prosecutor needs enlightening by an experienced criminal defense attorney. Hopefully, your husband has a lawyer; you may need to consult one as well, as it costs nothing to do so. www.galivanlaw.net
