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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

Posted

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 www.macyjaggers.com for more information about her services and recent victories.

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3 comments

Asker

Posted

Thanks so much for all your help. I seriously don't think he caught the admission of dwi conviction in 1990, I know I asked you earlier about preparing all my notes and presenting it to him and I get your response, but I'm glad I reviewed the case so carefully that I found that...I think it's pretty important that it be kept out of trial. Like I said, there's technicalities, and I think he's more focusedon those, however with the judge I'm facing I hope he knows better than to rely on those. How long do you typically take to prepare for a jury trial? Maybe he's waiting until Monday to do his???

Asker

Posted

sorry, replied to the wrong thread.

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

I have tried many jury trials. Preparation takes the time it takes. Some lawyers say an attorney is never really prepared for trial. If you lack confidence in your lawyer you need to discuss the questions you have with your lawyer.

Posted

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

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Posted

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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