me that he would drop off the paperwork in the mail. The court date is in 6 days and this is the first time I've heard about it. They need me to testify as a witness for a hit and run. The accident was almost a year ago and I've already fixed the damages that were caused. This a huge inconvenience for me. Why didn't i get a notice sooner? What happens if I don't show up?
Criminal Defense Attorney
In most if not all jurisdictions you have to be personally served with a subpoena for it to be effective. However if you receive a subpoena signed by a judge and you don't appear, you could be held in contempt and arrested. Many times DAs get behind and don't look at the next trial until a few days before the trial. To be safe, if you receive a subpoena, you should appear. Sorry for the inconvenience.
Criminal Defense Attorney
Personal service of process is required in criminal cases. Even in a civil case a subpoena is required to be served upon a resident in your household who is thirteen or older. You have not been properly served to require your appearance in court.
1 lawyer agrees
The way you described the scenario it appears that the subpoena was not properly served on you as required in a criminal case. As explained before, the subpoena requires a personal service and absent that it would be hard to show that you intentionally effected contempt of court by not showing up without personal service.
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Attorney Alexander Ivakhnenko