Paw Paw, MI Criminal Defense Law Firms & Lawyers

It is true that if she does not appear to testify that the case is likely to get dismissed. However, the dismissal would be without prejudice meaning they can always re-file it. If your wife refuses to honor her subpoena, she runs the risk of being held in contempt for failing to appear and she could be placed in jail. She could even be placed in jail until the time of trial if necessary. A lot of prosecutors aren't willing to do that but some are and do. She can always contact the prosecutor and ask the charges be dismissed and state her reasoning why. Just keep in mind that it is always within the discretion of the prosecutor to bring charges or to continue pursuing charges. Make sure he is represented by an experience criminal defense attorney that handles domestic violence charges. If worst comes to worst, there may be a sentencing options or diversion programs available that would at least keep his public record clean.

There are specific rules about compelling the appearance of minors. Generally, a court will appoint a GAL for the minor and determine if the minor should be required to testify.