DWI defense subpoena

Asked 4 months ago - Canyon Lake, TX

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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?

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Attorney answers (3)

  1. Licensed in TX

    Pro

    Dallas DUI / DWI Attorney
    Contributor Level 19

    12

    Lawyers agree

    1

    Helpful vote

    Answered January 26, 2013 20:44. 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... more
  2. Licensed in TX

    Houston Criminal Defense Attorney
    Contributor Level 20

    10

    Lawyers agree

    Answered January 26, 2013 20:49. 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
    713-222-1220

  3. Licensed in TX

    Pro

    Austin Criminal Defense Attorney
    Contributor Level 11

    10

    Lawyers agree

    Answered January 27, 2013 11:18. 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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