Can I not go to court for charging my neighbor with disturbing the peace? 11 Answers as of December 27, 2013

I received a subpoena in the mail today. It’s against my neighbor. I got him charged with disturbing the peace. I’m the victim. Instead of me going to court can I contact the prosecuting attorney and can I be interviewed outside of the courtroom? Or have it recorded?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You will be required to appear in court, because your neighbor has a right to confront his accuser (6th amendment to the United States constitution).
Answer Applies to: Georgia
Replied: 12/27/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Call the prosecutor as he is not likely to need you in court. The charges will soon be dismissed in most cases.
Answer Applies to: New York
Replied: 12/27/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
No. You are required to comply with the subpoena. You will need to go to court, unless this is a very unusual situation and your lawyer negotiates an alternative with the prosecutor and the Court. In this regard, I strongly advise you to retain legal counsel. Even though you are the victim, the persons you accused could attempt to retaliate. You need a lawyer to protect you in this situation. Your lawyer can negotiate with the prosecutors concerning the nature, scope, extent and timing of your testimony in the case. In a case in which you might face dangerous retaliation, it may be possible for the testimony to occur via video from a remote location. You should discuss this situation in confidence with your lawyer.
Answer Applies to: New York
Replied: 12/27/2013
Ascheman & Smith | Landon Ascheman
No, your neighbor has the right to confront you about your claims.
Answer Applies to: Minnesota
Replied: 12/27/2013
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
No, you must go to court. Contact the DA if you have a problem with that. Recorded statements made out of court are inadmissible because they are hearsay. Furthermore, a person charged with a crime has a constitutional right to confront their accusers.
Answer Applies to: California
Replied: 12/26/2013
    IT Forensics, Inc.
    IT Forensics, Inc. | Christopher K. Steuart
    The defendant has a constitutional right to confront his/her accuser. Since you are the principal witness that the matter is based on you will have to testify in open court and subject to cross-examination.
    Answer Applies to: Washington
    Replied: 12/26/2013
    Universal Law Group, Inc. | Francis John Cowhig
    No. You need to testify in person.
    Answer Applies to: California
    Replied: 12/26/2013
    Milligan, Beswick, Levine, & Knox LLP
    Milligan, Beswick, Levine, & Knox LLP | Stephen P Levine
    No if the case is going to trial your live testimony is necessary.
    Answer Applies to: California
    Replied: 12/26/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    No, the neighbor's attorney has the right to cross-examine you in court. If you refuse to go to court, the charge will likely be dropped.
    Answer Applies to: Utah
    Replied: 12/26/2013
    Gates' Law, PLLC | Thomas E. Gates
    Your neighbor has the right to cross-examine you. Thus, you must show up. Because you received the subpoena, your failure to appear will result in a bench warrant for your arrest.
    Answer Applies to: Washington
    Replied: 12/26/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You filed the complaint, have been subpoenaed and will have to testify on the record.
    Answer Applies to: Michigan
    Replied: 12/26/2013
Click to View More Answers: