I have to go to court at the magistrate level for a summary offense which is a ticket/fine for harassment....

Question

i am not guilty of harassment. I called the police on my ex-boyfriend for pushing me and he lied and said i pushed him but i didn't. So thanx to his dumb *** i am chargedd with a summary harassment offense... i am not guilty. i have an attorney. MY QUESTION IS... since my ex boyfriend said that i pushed him he would need to testify. What if he doesn't show up to court? Will the harassment charge against me be dismissed? Because how could court have a case without the only witness who claimed i pushed him... whicih I did not.?

Answer 1

If your boyfriend does not show up to court, a subpoena for his to come to court can be issued by the judge, and the case would be continued to a later date.  If he doesn't show up when he is subpoenaed then he can be arrested and held in contempt of court.  usually contempt would last until he would testify.  

The charge would not be dismissed just because he doesn't show up.  It seems to me that this is a civil matter, not a criminal, so if he at any time decides to drop the charges, then the case is dismissed.  Besides that though, the case will go on as scheduled.  

I think the judge may just look at your case and see that you allegedly "pushed" him...I've sat in on a case where the defendant allegedly "pinched" the ears of his son for discipline. the judge looked at the case, and essentially blew it off until the prosecutor brought into issue that the child's ear started to bleed because of the "pinch".  Unless there was blood drawn, or something broken, then I think the judge may just call your case a waste of time and dismiss it...but all judges are different!

Good luck to you!  Dress professionally, clean up well, have good posture, and always be respectful in the courtroom!  This would do you a world of good!