Arrest, Search, Seizure, Warrant Arrest/Bench Warrant

[sprintphoneguy]

If a subpoena is put out to show up in court and they can't find you to notify you can a bench warrant be issued in Maryland? My Girlfriend is the victim of Domestic Violence, didn't press charges but called the police when it happened and they pressed the charges against me. She recants everything and doesn't want to testify or see anything happen to me. A Police Officer trying to serve her the Subpoena told her father that if she doesn't come forward and sign the paper saying she recieved the subpoena she will get a warrant issued. My attourney said that 9/10 times if a WITNESS/VICTIM fails to appear they will drop the charges and nothing will happen to the Witness/Victim. Is this true, we need help and information regarding this please.

 

[CdwJava]

If she recants, she could be charged with making a false report. She really needs to talk to her own legal counsel, not yours.

- Carl

 

[sprintphoneguy]

Main Issue at hand

How can she talk to her own legal council, shes not being charged with a crime so she doesn't qualify for Public Defender and we aren't made of money, heck im using the public defender. The main concern is that they said that she would have a warrant issued if they couldn't find her to serve her a subpoena. That sounds like total bull to me and thats what i'm really looking for the answer to

 

[CdwJava]

It's up to her ... YOUR attorney does not have HER besti interests in mind, he is out to defend YOU. If she is exposing herself to prosecution, that is not his concern. Whether they can seek an arrest warrant for her because they cannot issue a subpoena, I couldn't say. It seems odd, but maybe your state has some kind of "material witness" warrant process.

If she recants (changes her story) she is also exposing herself for prosecution for making a false police report. You can undeerstand why the police and the prosecutor might do that, right? They really are not keen on wasting their time for someone who is lying.

So, if she cannot afford her own attorney, her best bet is likely to (a) speak to the prosecutor and tell him she really does not want to see you punished for attacking her and hope he drops the matter. or, (b) she goes to court and testifies to the truth and she lets the chips fall where they will.

- Carl