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DWI defense subpoena

Canyon Lake, TX |

Trial is set for 1/29/13, a critical witness has been sent a subpoena on 1/24, however it reads unserved on the counties website. What happens if this witness does not receive the subpoena? It is returned unserved to the court? What happens with the trial?

I know if the states witnesses are not ready or available, they reset the trial, what is the justice for the defensse?

Attorney Answers 3

  1. Your attorney is in the best position to answer this question. Just because the return isn't showing on the system yet doesn't mean the witness hasn't been served. If you are unable to execute service, you may or may not be granted a continuance. It's at the judge's discretion.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

  2. Your lawyer needs to hire a private investigator to find the witness if that witness will help you.

    Both sides are entitled to at least one reset.

    Cynthia Henley

  3. The judge should grant you a continuance, especially if it is the first one asked or by the defense.

    Law Office of David D. White, PLLC
    1205 Rio Grande St.
    Austin, TX 78701
    (512) 369-3737

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