Summons Helo

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bradspencer

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Summons Help

I recieved a summons that reads

"Hereby commands and summons

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to appear before the Department of the Trial Court for the Transaction of Criminal Business, at the District Attorney's Witness Reception Area ...

...Then and there to give evidence of what he/she knows in the case of...."

I am the 'victim', and I want the charges to be dropped. It is the commonwealth prosecuting. The DA told me that all I had to do was show up, tell them that I do not wish to further the charges, and the case would be dismissed based on lack of evidence. I want to know what to expect from a summons like this, where it says that I only have to show up to that department, and not the courtroom. If the DA told me that, can I trust that to be the case? What are my rights as far as declining to give testimony or "not furthering the charges"?
 
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You must give testimony unless the testimony would violate your fifth amendment right against self-incimination (i.e., you are guilty of some crime and you do not want to testify about it).

You signed an agreement to testify when you filed the charges.

If you do not testify, you could be thrown in jail.
 
I actually didnt file charges or sign anything...does that make this a different scenario?

Okay, if you are the victim, then how did the cops find out about this crime?

Yes, you must testify if you were summoned (with the fifth amendment exception already alluded to).
 
Okay, if you are the victim, then how did the cops find out about this crime?

Yes, you must testify if you were summoned (with the fifth amendment exception already alluded to).

briefly, loud verbal argument, neighbors must have called...arrest was a misunderstanding in my opinion. I read somewhere that when I show up, I can sign an affidavit that says that I do not want to further the charges and that I want the case dismissed. I understand that this is only for consideration by the DA and the judge, but is that all that I would have to do, or can do?
 
Go visit the prosecutor and explain you do not want it pursued.

That's your only option at this point.

You still have to go to court if you get a summons; don't fail to appear or there will be a warrant for your arrest.
 
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